PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  21 October 2003
	DOCKET NUMBER:  AR2003084195

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Frank C. Jones		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 award of the Purple Heart for his right leg fragment wound.  This is, in effect, a request for all awards he may be entitled to.

3.  The applicant states that he received a fragment wound to his right leg and was treated at Chu Lai Field Hospital in April or May 1969.  At that time, he declined the award because it was offered to him while he was in the same tent where others were dying.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) dated 1 February 1973.

4.  The applicant’s military records show he was inducted on 6 December 1967, as a field artillery operations and intelligence assistant, in military occupational specialty (MOS) 13E.  He served in Vietnam from 8 September 1968 to 27 August 1969.  He continued to serve until he was released from active duty on 31 August 1969.  He was transferred to the Army Reserve.

5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal with two bronze service stars, an Overseas Service Bar, the Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Sharpshooter Qualification Badge with Rifle Bar (M-14).  His discharge document does not show the Purple Heart as an authorized award.

6.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations).  There are no entries on the DA Form 20 to show that he was treated at Chu Lai Field Hospital in April or May 1969 for a fragment wound to his right leg.

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action while serving in Vietnam.

8.  The applicant's medical records are unavailable for review.  However, his records contain a copy of his separation medical examination, dated 31 August 1969, which shows that he was issued a physical profile of 111111 and was qualified for separation.  It also failed to indicate a fragment wound to the applicant's right leg.

9.  The applicant’s name failed to appear on the Vietnam Casualty List for a fragment wound received to his right leg in April or May 1969 or for any other wound during his service in Vietnam as a result of enemy action.

10.  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, and the medical treatment must have been made a matter of official record. 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

12.  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.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

13.  Review of the applicant’s service personnel records does not reveal that he was recommended for or entitled to any other awards or decorations.

CONCLUSIONS:

1.  The applicant's contentions are noted; however, he has failed to provide medical evidence to show that he received a fragment wound to his right leg as a result of hostile action while serving in Vietnam.  The applicant has also failed to provide evidence to show that he declined the award of the Purple Heart when offered.  It was also noted that his separation medical examination, dated 31 August 1969 indicated that he was qualified for separation and failed to indicate that he received a fragment wound to his right leg.

2.  The is no evidence of record, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action.   There also are no orders officially awarding the award of the Purple Heart.  Therefore, based on the available evidence, there is no basis to approve or to show that he was awarded the Purple Heart.

3.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 6 December 1967 to 31 August 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the first award of the Good Conduct Medal for the period 6 December 1967 to 31 August 1969.

2.  That so much of the application as pertains to the award of the Purple Heart be denied.

BOARD VOTE:  

__mm___  __fj___  __wp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Melvin H. Meyer___
		        CHAIRPERSON

INDEX

CASE ID	AR2003084195	
SUFFIX		
RECON		
DATE BOARDED	20031021	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690831	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	61	
2.		
3.		
4.		
5.		
6.