PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           23 January 2003                  
	DOCKET NUMBER:   AR2002071025

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Patrick H. McGann		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 in effect, that his records be corrected to show that he was awarded the Purple Heart.

3.  He states that he was presented the elements of the award at the same time as he was presented the Army Commendation Medal with 2nd Oak Leaf Cluster, but the paperwork did not get into his record, because his unit was withdrawing from Vietnam.

4.  The applicant's military records show he was inducted 27 March 1968, completed training including the Infantry Noncommissioned Officer Course.  He was transferred to Vietnam where he served with C Company, 2nd Battalion (Mechanized) 8th Infantry, 4th Infantry Division from 2 April 1969 to 12 January 1970. 

5.  He returned to the United States and was separated, on 27 January 1970, 
with an honorable characterization of service and transferred to the Army Reserve as a sergeant (E-5).  There is no discreditable incident of record and his conduct and efficiency ratings were excellent throughout his career.  His DD Form 214, Report of Transfer or Discharge lists his authorized awards as the Army Commendation Medal, the National Defense Service Medal, the Expert Badge for the M-16 Rifle and the Marksman Badge for the M-14 Rifle.

6.  Orders in his records show that he was also awarded the Army Commendation Medal for meritorious service from April 1969 to January 1970, the Army Commendation Medal with "V" and first Oak Leaf Cluster for heroism on 18 November 1969 and the Sharpshooter Badge with Pistol and Mortar Bars.

7.  Item 39 (Physician's Summary and Elaboration) on his Standard Form 89 Report of Medical History for his separation physical examination lists "shrapnel wounds–Viet Nam 1969", although there is not now any available record of treatment.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

8.  On 20 February 1986 the applicant wrote to the National Personnel Records Center asking that his medical records be sent to his brother because he was being considered for a heart transplant.  A marginal notation, written in what appears to be different handwriting states "Clinicals at Hosp in Ben Wah 1969" and "Recd meds" which is initialed by MP. 

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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 by a medical officer, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 also provides that the 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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

11.  The regulation also authorizes a bronze service star for wear on the Vietnam Service Medal for each designated campaign period listed in Appendix B.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized.  These include:  Tet 69 Counteroffensive, ending on 8 June 1969; Vietnam Summer-Fall 1969, ending on 31 October 1969; Vietnam Winter-Spring 1970; ending on 30 April 1970.

12.  The applicant's unit was awarded the Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation for the period from 1 October 1966 to 31 October 1969 and Department of the Army General Orders Number 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

13.  The applicant's name does not appear on the Vietnam Casualty List as a combat casualty and a search or the historical files at the National Archives failed to produce any evidence to confirm that he had been awarded the Purple Heart.

CONCLUSIONS:

1.  Unfortunately, neither the applicant's available military and medical records nor the available documentation at the National Archives support the requested relief.

2.  Nevertheless, the physician conducting the applicant's separation physical examination noted "shrapnel wound–Viet Nam 1969.  Therefore, the Board concludes that the applicant was wounded under qualifying conditions and his record should be corrected to show that he was awarded the Purple Heart. 

3.  The applicant distinguished himself by his combat service, his offense free behavior and his advancement and promotion to the rank of sergeant.  He should be awarded the Good Conduct Medal.

4.  He was awarded the Army Commendation Medal with "V' and first Oak Leaf Cluster for heroism and the Sharpshooter Badge with Pistol and Mortar Bars.

5.  The applicant served in Vietnam during three designated campaign periods and is entitled to three bronze service stars for wear on his Vietnam Service Medal.  

6.  He served with C Company, 2nd Battalion (Mechanized) 8th Infantry, 4th Infantry Division during periods in which the unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class.

7.  In view of the foregoing findings and conclusions, correcting the applicant’s records should as recommended below will correct errors.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  awarding the individual concerned the Purple Heart for wounds sustained in Vietnam in 1969 and the Good Conduct Medal.

	b.  showing that his authorized awards also include the Army Commendation Medal with "V" and first Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, the Expert Badge with Rifle Bar and the Sharpshooter Badge with Mortar and Pistol Bars.

BOARD VOTE:  

________  __GJW__  ___PHM_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

___KAN _  ________  ________  DENY APPLICATION

		  _Kathleen A. Newman_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071025	
SUFFIX		
RECON		
DATE BOARDED	20030130	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.