PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 June 2002       
	DOCKET NUMBER:   AR2002069818

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Purple Heart.

3.  The applicant states that he sustained injuries during combat which caused hearing failure in his left ear and severe nerve damage.  In support of his application, he submits a statement of explanation, dated 20 February 2002.

4.  The applicant’s military records show that he was inducted on 8 February 1967.  He served as a light weapons infantryman in Vietnam from 17 July 1967 through 17 July 1968 and was honorably released on 7 February 1969.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  5th Infantry Division (Mechanized) and Fort Carson General Orders Number 27, dated 24 January 1969, show the applicant was awarded the Good Conduct Medal for the period 8 February 1967 to 7 February 1969.  This award is not shown on his discharge document.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he sustained injuries during combat which caused hearing failure in his left ear and severe nerve damage.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action in Vietnam. 

2.  The applicant signed his DD Form 214 on 7 February 1969 attesting to the fact that he was not entitled to award of the Purple Heart.

3.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the Board determined that there was insufficient evidence on which to base award of the Purple Heart in this case. 

4.  The applicant received the first award of the Good Conduct Medal for the period 8 February 1967 to 7 February 1969.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Good Conduct Medal. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

CLA___  BJE_____  DPH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Celia L. Adolphi___________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069818	
SUFFIX		
RECON		
DATE BOARDED	20020613	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.		
4.		
5.		
6.