PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           1 October 2002
	DOCKET NUMBER:   AR2002071478

	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, Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	M.		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 his military records be corrected to show he was awarded the Purple Heart.

3.  The applicant states that he is entitled to the Purple Heart for a shrapnel injury he received on a reconnaissance mission in Laos.  He was denied the Purple Heart because at that time the U.S. government was stating that no U.S. troops were authorized in Laos.

4.  In support of his request, he submits a copy of a page from his health record, which reflects that on 9 September 1970, he was treated for fragment wounds.
 
5.  The applicant’s military records show that he was inducted on 19 May 1969.  He was trained as a 11F, Infantry Operations & Intelligence Assistant, and achieved the rank of sergeant.  He served in the Republic of Vietnam (RVN) from 6 June 1970 through 11 April 1971, while assigned to Company E, 1st Battalion, 1st Brigade, 11th Infantry, 5th Infantry Division.  On 14 April 1971, he was transferred to the US Army Reserve; his character of service was honorable.  He had completed a total of 1 year, 10 months and 26 days of creditable active service and had no lost time.

6.  The medical document provided by the applicant does not indicate the source of his fragment wounds.

7.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) signed by the applicant, reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Air Medal, the Combat Infantryman Badge and the Expert Badge     M-16.  The Purple Heart is not listed as an authorized award.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record), signed by him, does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

9.  His record contains orders that show he was also awarded the Bronze Star Medal for the period June 1970 to May 1971. 

10.  His name is not listed in the Vietnam Casualty List.

11.  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.

12.  The same regulation provides, in pertinent part, that the Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service: for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

13.  The same regulation provides that a Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  In the applicant’s case, he is entitled to credit for the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive Campaigns.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Register) provides, in pertinent part, that based on Department of the Army General Orders Number 8, dated 19 March 1974, all units assigned to Vietnam between 8 February 1962 and 28 March 1973, were awarded the RVN Gallantry Cross with Palm Unit Citation.

15.  Army Regulation 600-200, Enlisted Personnel Management System, the regulation then in effect, provides that item 40 (Wounds) of the Enlisted Qualification Record, will contain a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

CONCLUSIONS:

1.  The medical evidence provided by the applicant does not indicate that his injuries were the result of hostile action, which is necessary to be entitled to the Purple Heart.  The applicant asserts he was denied the Purple Heart because he was wounded in Laos, but he submits no evidence to support his contention.  His records do indicate that after his service in Vietnam, he signed both his DA Form 20 and DD Form 214 to indicate their accuracy.  Neither document indicates that he was wounded in combat or awarded the Purple Heart.  In light of the evidence available, the Board concludes there is insufficient evidence to approve the award of the Purple Heart.

2.  Nonetheless, in reviewing his case it was noted that he is entitled to the Bronze Star Medal, two bronze service stars to be worn on his Vietnam Service Medal, and the RVN Gallantry Cross with Palm Unit Citation, and is entitled to a correction of his records to show these awards.

3.  Similarly, the applicant’s service was meritorious, as evidenced by his promotion to sergeant, and award of the Bronze Star Medal.  Likewise, the record is devoid of any evidence of disciplinary action taken against him.  As such, it would appear that the absence of the Good Conduct Medal for the period of his service from 19 May 1969 through 14 April 1971 was in error and he is entitled to the award and to a correction of his records to show this award.

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, the Army Good Conduct Medal for the period 19 May 1969 through 14 April 1971, the RVN Gallantry Cross with Palm Unit Citation, and two Bronze Service Stars to be worn on his Vietnam Service Medal.

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

BOARD VOTE:  

___mkp__  ___aao__  __rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002071478	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED		
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.		
3.		
4.		
5.		
6.