PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 September 2002
	DOCKET NUMBER:   AR2002071713

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 with 1st oak leaf cluster, the Combat Infantryman Badge, and the Army Good Conduct Medal be added to his Report of Transfer or Discharge, DD Form 214.

3.  The applicant states that he was an infantryman.  He was wounded and treated in the field by a medic on 13 March 1967.  He was wounded again and flown to a hospital.  At one award ceremony in Vietnam, he received the Purple Heart and a certificate.  At another ceremony in Vietnam, he received the second Purple Heart and a certificate.  He provides his DD Form 214 and two Purple Heart certificates as supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on 27 January 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam and was assigned to Company C, 4th Battalion, 23d Infantry, 25th Infantry Division on 3 March 1967.  His service medical records show that he was treated on 13 March 1967 for high frequency hearing loss after an explosion.  His service medical records show an initial entry for treatment of a knee injury on 1 July 1967.  A 28 July 1967 entry from the 12th Evacuation Hospital shows he was being treated for an acute trauma to the right knee.  His Personnel Qualification Record, DA Form 20, item 40, Wounds, shows he had a perforated eardrums injury on 13 March 1967 and an injury to the soft tissue of the right knee on 29 June 1967.

6.  Special Orders 191, Headquarters, 25th Infantry Division dated 10 July 1967 awarded the applicant the Combat Infantryman Badge.  He departed Vietnam on 16 January 1968 after receiving credit for two campaigns.  He was released from active duty in the rank of Staff Sergeant, E-6 on 18 January 1968 after completing 1 year, 11 months, and 22 days of creditable active service with no lost time.  His DA Form 20 shows that his conduct and efficiency were rated as excellent throughout his service.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Bronze Star Medal.

7.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  It states that the Purple Heart is awarded 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.  When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are concussion injuries caused as a result of enemy generated explosions.  It also states that one bronze service star is worn 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 4th Battalion, 23d Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 – August 1968 and the Republic of Vietnam  Civil Actions Honor Medal, First Class, Unit Citation for the period 30 April      1966 – 21 January 1970.

10.  A search of records at the U. S. Total Army Personnel Command and of unit historical files at the National Archives in College Park, MD failed to reveal that Purple Heart orders were issued on the applicant.

CONCLUSIONS:

1.  There is sufficient evidence, in the form of the provided Purple Heart certificates and entries in the applicant's service personnel and medical records, to show he was wounded in action on 13 March 1967 and on 29 June 1967.  There is evidence of record to show he was eligible for and awarded the Combat Infantryman Badge.  The evidence of record shows he met the eligibility criteria for award of the Army Good Conduct Medal.

2.  The applicant is eligible to wear two bronze service stars on the Vietnam Service Medal.

3.  The applicant 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 the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation and so is eligible to wear these unit awards.

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 awarding the applicant the Army Good Conduct Medal for the period 27 January 1966 – 18 January 1968, awarding him the Purple Heart for wounds received on 13 March 1967, and awarding him the Purple Heart with 1st oak leaf cluster for wounds received on 29 June 1967.

2.  That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, two awards of the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation and to show he is authorized to wear two bronze service stars with the Vietnam Service Medal.

BOARD VOTE:  

__FNE __  __ BJE  _  __WDB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn  _
		   CHAIRPERSON

INDEX

CASE ID	AR2002071713	
SUFFIX		
RECON		
DATE BOARDED	2002/09/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.	110.04	
3.		
4.		
5.		
6.