PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           20 JUNE 2002                   
	DOCKET NUMBER:   AR2002070357

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 and inclusion of the award of the Bronze Star Medal with “V” device on his DD Form 214.

3.  The applicant states that he was wounded in the head after being thrown from a vehicle while under sniper fire.  He encloses a 22 February 2002 statement from his wife, in which she stated that the applicant, while in Vietnam, suffered an injury to his head in October 1968 while riding in a vehicle.  They [the applicant and others] came under sniper fire and the truck in which he was riding stopped; however, the truck behind did not, resulting in a rear-end accident, causing the applicant to hit his head on the window opening handle.  He required 27 stitches on the outside of his head and 13 on the inside.  He was treated at a field hospital near Saigon.  He had a large gash on his head.  The whereabouts of the applicant’s medical records are unknown. He encloses an order showing award of the Bronze Star Medal with “V” device.

4.  The applicant’s military records show that he was inducted into the Army on         2 November 1966.  He completed training and was assigned to Fort Ord, California.  In August 1967 the applicant was awarded the Expert Qualification Badge with rifle bar.  In December 1967, the applicant was assigned to Battery A, 6th Battalion,       77th Artillery, in Vietnam.  He was promoted to Sergeant on 29 June 1968.  The applicant completed his tour in Vietnam and returned to the United States at Oakland, California in October 1968.  He participated in four campaigns during his tour in Vietnam and the unit to which he was assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to that unit.  He was released from active duty on 23 October 1968.  His DD Form 214 does not show award of the Bronze Star Medal with “V” device or the Purple Heart. 

5.  An October 1968 report of medical examination conducted prior to the applicant’s release from active duty shows that he had a sutured laceration of his scalp.  In the report of medical history that he furnished for the examination, the applicant stated his health was good.  He did not mention an injury to his head.

6.  Army Regulation 600-8-22 provides 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.

7.  Information from the Total Army Personnel Command Awards Branch indicated that there was no record of the applicant having received an award of the Purple Heart, nor any record that he was listed as a casualty on the Vietnam casualty roster maintained by that agency.

8.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  Notwithstanding the applicant’s contention and the statement of his wife, there is insufficient evidence to show that the applicant was wounded in action.  Consequently, there is no basis to substantiate an award of the Purple Heart. 

2.  The applicant was awarded the Bronze Star Medal with “V” device, and the Expert Qualification Badge with rifle bar, which should be reflected on his DD Form 214.  He participated in four campaigns and is entitled to award of the Vietnam Service Medal with four bronze service stars (one for each campaign).  He is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal.

4.  In view of the foregoing, the applicant’s records should be corrected 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 Bronze Star Medal with “V” device, the Expert Qualification Badge with rifle bar, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Army Good Conduct Medal.

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

BOARD VOTE:  

__RVO __  __RWA _  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2002070357	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020620	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	61	
3.		
4.		
5.		
6.