PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 September 2002
	DOCKET NUMBER:   AR2002071411

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. William D. Powers		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 that the Purple Heart be added to his Report of Transfer or Discharge, DD Form 214.

3.  The applicant states that he was wounded and subsequently awarded the Purple Heart at an awards ceremony in the field.  The Veterans Administration (VA) awarded him disability compensation for his wounds and he provides a  one-page letter from the VA dated 5 October 2001 to that effect as supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on   4 March 1969.  He completed basic combat training and advanced individual 
training and was awarded military occupational specialty 12A (Pioneer).

5.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Troop, 2d Squadron, 11th Armored Cavalry Regiment on                2 September 1969 as a 12A bridge operator.  He was reassigned to the Medical Hold Company, 106th General Hospital on 15 January 1970 after being credited with two campaigns and medically evacuated to the U. S. Army Ireland Hospital, Fort Knox, KY on 24 January 1970.  He was assigned to Fort Riley, KS on 4 May 1970 and was released from active duty on 3 March 1971 after completing          2 years of creditable active service with no lost time.  His Enlisted Qualification Record, DA Form 20, item 38 shows that his conduct and efficiency were rated as excellent throughout his service and he has no record of disciplinary actions taken against him.  Item 40, Wounds, of his DA Form 20 does not show that he was wounded.

6.  The provided VA letter certifies that the applicant was awarded service-connected disability compensation for a hand injury, a lower leg muscle injury, and paralysis of the superficial peroneal nerve.

7.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In provides for award of the Purple Heart to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.
9.  Department of the Army Pamphlet 672-3 shows that the 11th Armored Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 – 15 February 1970.

10.  A review of the historical files of Headquarters and Headquarters Troop, 2d Squadron, 11th Armored Cavalry, those of the 106th General Hospital, and those of Ireland Army Hospital were reviewed at the National Archives in College Park, MD and failed to show he was eligible for award of the Purple Heart.

CONCLUSIONS:

1.  Although the applicant's DA Form 20 shows that he was a patient while in Vietnam, there is no evidence to show he was a patient because he was wounded in action.  The provided VA document shows he was awarded disability compensation for service-connected injuries but does not indicate how he received those injuries.  There is insufficient evidence to show he met the eligibility criteria for award of the Purple Heart.

2.  The evidence of record shows the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 4 March 1969 – 3 March 1971.

3.  The evidence of record shows the applicant is authorized to wear two bronze service stars on the Vietnam Service Medal.  In addition, he was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is authorized to wear this unit award.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant be awarded the Army Good Conduct Medal for the period  4 March 1969 – 3 March 1971.

2.  That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear two bronze service stars with the Vietnam Service Medal.

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

BOARD VOTE:  

__JNS__  __DPH___  __WDP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___   John N. Slone       _
		        CHAIRPERSON

INDEX

CASE ID	AR2002071411	
SUFFIX		
RECON		
DATE BOARDED	2002/09/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.