PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           15 AUGUST 2002                   
	DOCKET NUMBER:   AR2002072537

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Jose A. Martinez		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 award of the Purple Heart.

3.  The applicant states that he was wounded in his left elbow while serving in the II Corps area in Vietnam.  He was treated at an Air Force hospital on the South China Sea. 

4.  The applicant enlisted in the Army for three years on 23 December 1968.  He completed training as an infantryman at Fort Jackson, South Carolina, where he was awarded the Expert Qualification Badge with rifle bar and the Marksman Qualification Badge with automatic rifle bar.  On 26 May 1969, while attending the NCO candidate course at Fort Benning, Georgia, he was promoted to Corporal.  On 19 August 1969 he was promoted to Sergeant.  He was awarded the Parachutist Badge on 25 August 1969.  He was assigned to Fort Jackson, South Carolina on 22 September 1969 to attend the NCO combat leader course.

5.  In January 1970 the applicant was assigned to Company D, 2nd Battalion (Airborne), 503d Infantry, a unit of the 173d Airborne Brigade in Vietnam.  He was awarded the Combat Infantryman Badge on 31 March 1970, the Bronze Star Medal for meritorious achievement for the period 10 January 1970 to 4 July 1970, and the Air Medal for meritorious achievement for the period 29 January 1970 to 27 November 1970.  The applicant returned to the United States in December 1970 and was assigned to Fort Bragg, North Carolina.  He participated in three campaigns during his tour in Vietnam – Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.  The 2nd Battalion (Airborne), 503d Infantry was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while he was assigned to that unit.  He was released from active duty on 10 December 1971 at Fort Bragg.  

6.  The applicant’s DD Form 214 does not show award of the Purple Heart.  Nor does it show that he was awarded the Air Medal, any qualification badges, or the bronze service stars to his Vietnam Service Medal.  It also does not reflect award of the Gallantry Cross Unit Citation with Palm and the Civil Actions Honor Medal First Class Unit Citation.   

7.  Army Regulation 600-8-22 provides 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.

8.  Information from the Total Army Personnel Command Awards Branch indicated that there was no record that the applicant was listed as a casualty on the Vietnam casualty roster maintained by that agency.
9.  Army Regulation 600-8-22 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  There is no evidence and the applicant has not submitted any, to show that he was wounded as a result of hostile action.  There is insufficient evidence to substantiate award of the Purple Heart.

2.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal.

3.  The applicant was awarded the Air Medal, the Expert Qualification Badge with rifle bar and the Marksman Qualification Badge with automatic rifle bar.  Those awards should be reflected on his DD Form 214.

4.  The applicant participated in three campaigns during his tour in Vietnam.  He is entitled to award of the Vietnam Service Medal with three bronze service stars (one for each campaign). 

5.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  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 Army Good Conduct Medal, the Air Medal, the Expert Qualification Badge with rifle bar, the Marksman Qualification Badge with automatic rifle bar, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

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

BOARD VOTE:  

__JNS __  __INW __  __JAM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072537	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020815	
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.