PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 September 2002
	DOCKET NUMBER:   AR2002072439

	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 his Report of Transfer or Discharge, DD Form 214, be amended to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Medal, First Class, Unit Citation; the Meritorious Unit Commendation; two bronze service stars with the Vietnam Service Medal; the Army Good Conduct Medal; and the Purple Heart.

3.  The applicant states that the Veterans Administration (VA) Rating Decision he provides documents shrapnel wounds to his left arm and left leg.  He provides the Rating Decision and his Report of Transfer or Discharge, DD Form 214, as supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on 26 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, 2d Battalion, 8th Infantry, 4th Infantry Division from 16 March 1967 – 19 April 1967 and to Headquarters, 2d Battalion, 8th Infantry, 4th Infantry Division from 20 April 1967 – 10 January 1968.  He departed Vietnam on 11 January 1968 after being credited with two campaigns.

6.  The applicant was released from active duty on 14 January 1968 after completing 1 year, 11 months, and 19 days of creditable active service.  His Enlisted Qualification Record, DA Form 20, item 38 shows that his conduct and efficiency were rated as excellent throughout his service.  Item 40, Wounds, does not show that he received any wounds.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and one overseas bar.

7.  On 14 June 1968, the VA awarded the applicant service connection for residuals of shrapnel wounds to his left arm and left leg.  The Rating Decision noted that the available service records did not contain the records relative to the incurrence of the shrapnel wound claimed by the applicant.  A VA examination disclosed a 1 centimeter scar on his left forearm and a 1 centimeter scar on his left lower leg.

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.  It provided for the wear of one bronze service star on the appropriate service medal for each credited campaign.  It provided for award of the Purple Heart to any member of an Armed Force who was 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.  

9.  Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 8th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 – 28 July 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation for the period 1 October  1966 – 31 October 1969.

10.  The applicant's name is not on the Republic of Vietnam Casualty Roster.  A search of the historical files of the 2d Battalion, 8th Infantry, 4th Infantry Division were reviewed at the National Archives, College Park, MD.  The review failed to identify the applicant as being eligible for award of the Purple Heart.

CONCLUSIONS:

1.  There is insufficient evidence to show the applicant was wounded in action.  Although the VA awarded the applicant service connection for residuals of shrapnel wounds to his left arm and left leg, the Rating Decision noted that the available service records did not contain the records relative to the incurrence of the shrapnel wound claimed by him.  His name is not on the Republic of Vietnam Casualty Roster and a search of his unit's historical files failed to reveal he was eligible for award of the Purple Heart.  There is no evidence to show how he incurred the scars on his forearm and leg.

2.  The applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 26 January 1966 – 14 January 1968.  He met the eligibility criteria for award of two bronze service stars to be worn on his 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.  There is no evidence to show he was assigned to a unit that was awarded the Meritorious Unit Commendation.

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 26 January 1966 – 14 January 1968.

2.  That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, 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.

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

BOARD VOTE:  

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

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn  _
		   CHAIRPERSON

INDEX

CASE ID	AR2002072439	
SUFFIX		
RECON		
DATE BOARDED	2002/09/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL RELIEF	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0034	
4.	110.04	
5.		
6.