PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 September 2002
	DOCKET NUMBER:   AR2002072960

	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. John N. Slone		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. William D. Powers		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 be added to his Report of Transfer of Discharge, DD Form 214.

3.  The applicant states that he needs the Purple Heart for Department of Veterans Affairs eligibility and a State car tag.  He provides his DD Form 214 as supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on   6 February 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He completed basic airborne training.

5.  On 9 May 1967, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave from 7 to on or about 9 May 1967.

6.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 4th Battalion (Airborne), 503d Infantry on 12 August 1967 as a rifleman.  His Enlisted Qualification Record, DA Form 20, shows he was a patient on 12 October 1967 and returned to his unit on 8 November 1967.  He was transferred to Company D, 4th Battalion (Airborne), 503d Infantry on        2 April 1968 and served as a rifleman.  His DA Form 20 shows he was a patient on 6 July 1968 and returned to his unit on 23 July 1968.  Item 40, Wounds, of his DA Form 20 does not show that he was wounded.  He departed Vietnam on       4 August 1968 after being credited with four campaigns.  

7.  The applicant was released from active duty on 7 February 1969 after completing 2 years of creditable active service with 2 days of lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal with bronze service star, and the Vietnam Campaign Medal with device 1960.  His DA Form 20, item 38, Record of Assignments, shows that his conduct and efficiency were rated as excellent throughout his service.  

8.  Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.  It provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  It also provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.
9.  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.

10.  Department of the Army Pamphlet 672-3 shows that the 503d Infantry was awarded the Presidential Unit Citation for the period 6 through 23 November 1967 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970.

11.  The historical files of Headquarters and Headquarters Company, 4th Battalion, 503d Airborne, those of Company D, 4th Battalion, 503d Airborne, both units of the 173d Infantry Brigade, and also those of the 91st Evacuation Hospital at the National Archives in College Park, MD were reviewed and failed to identify the applicant as being eligible for award of the Purple Heart.

CONCLUSIONS:

1.  Although the applicant's DA Form 20 shows that he was twice a patient while in Vietnam, there is no evidence to show he was a patient because he was wounded in action; therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Purple Heart.

2.  The evidence of record shows the applicant met the eligibility criteria for award of the Combat Infantryman Badge.  

3.  Although the applicant had a record of accepting nonjudicial punishment early in his service, his overall record of service shows that his conduct and efficiency were rated as excellent; therefore, it appears that he met the eligibility criteria for award of the Army Good Conduct Medal for the period 6 February 1967 through 7 February 1969.  

4.  The evidence of record shows that the applicant met the eligibility criteria to wear four bronze service stars on the Vietnam Service Medal.

5.  The applicant was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is eligible to wear these unit awards, also.

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 awarding the applicant the Army Good Conduct Medal for the period 6 February 1967 through 7 February 1969 and the Combat Infantryman Badge.

2.  That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, the Combat Infantryman Badge, the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear four bronze service stars on the Vietnam Service Medal.

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

BOARD VOTE:  

__JNS__  __DPH___  __WDP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___   John N. Slone       _
		        CHAIRPERSON

INDEX

CASE ID	AR2002072960	
SUFFIX		
RECON		
DATE BOARDED	2002/09/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.