PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           03 OCTOBER 2002                    
	DOCKET NUMBER:   AR2002072712

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Charles Gainor		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 his Achilles tendon of his left ankle was partially severed by shrapnel.  It was not repaired until 1971 at the VA Medical Center in Iowa City.

4.  The applicant’s military records show that he enlisted in the Army for three years on 1 April 1968, completed training, and was assigned to an engineer company in Germany as a power boat operator.  He was promoted to pay grade E-4 in January 1969.    

5.  In January 1970 the applicant was assigned to the 497th Engineer Company in Vietnam, first as a light vehicle driver, and then as a power boat operator.  He was promoted to pay grade E-5 in July 1970.  On 25 November 1970 the applicant was awarded the Army Commendation Medal for meritorious service for the period January 1970 to January 1971.

6.  Orders were published on 26 November 1970 assigning the applicant to the replacement battalion in Vietnam for further assignment to the transfer station at Fort Lewis, Washington, for separation.  He participated in three campaigns during his tour in Vietnam.  The 497th Engineer Company 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 during the time the applicant was assigned to that unit.  

7.  A 10 December 1970 report of medical examination shows that the applicant was medically qualified for separation with a physical profile serial of 1 1 1 1 1 1. On that report, the applicant stated that his medical condition had not changed since his last physical [examination], that his medical condition was excellent, and that he had reviewed his medical records.  There is no indication on that report to show that he was wounded in action, or that he had a medical problem with his ankle.

8.  The applicant was released from active duty on 10 December 1970 in pay grade E-5 with an honorable characterization of service.  He had 2 years,            8 months, and 10 days of service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of only the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with rifle bar.    

9.  The applicant is not listed as a casualty on the Vietnam casualty roster maintained by this agency.

10.  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.

11.  The Army 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.

CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any, to show that he was wounded in action.  His 10 December 1970 report of medical examination does not reflect any wounds, and the Vietnam casualty roster does not list him as having been wounded.  There is insufficient evidence to grant his request for 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 for the period 1 April 1968 through      10 December 1970.  

3.  The applicant is also 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.  He is entitled to award of the Vietnam Service Medal with three bronze service stars (one for each campaign).

4.  The applicant was awarded the Army Commendation Medal.  That award should be reflected on his DD Form 214. 

5.  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 Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with three bronze service stars, and the Army Commendation Medal.  

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

BOARD VOTE:  

__INW __  __WTM__  __CG___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072712	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021003	
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.