PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 August 2003                  
	DOCKET NUMBER:   AR2003085947

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert L. Duecaster 		Member	
	Ms. Marla J. Troup		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, in effect, that he be awarded the Purple Heart.

3.  The applicant states, in effect, that a letter from a fellow soldier supports his case.

4:  The applicant's military records show he was inducted on 22 October 1968, completed training as an infantryman and was stationed with A Company, 1st Battalion, 52nd Infantry, 198th Infantry Brigade, Americal Division in Vietnam from 7 June 1969 to 2 June 1970.  He returned to the United States and was separated in pay grade E-4 with an honorable characterization of service on 2 June 1970.  His conduct and efficiency ratings were exclusively excellent and there is no discreditable information of record.

5.  The applicant's DD Form 214 (Report of Transfer or Discharge ) lists his authorized awards as the Army Commendation Medal, the National Defense Service, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge and the Expert Qualification Badge with Rifle Bar.

6.  The applicant's service medical records are not available and Block 40 (wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank and the applicant's name does not appear on the Vietnam Casualty List as a combat casualty. 

7.  Available orders show that the applicant also qualified at the expert level with hand grenades and at the marksman level with the M-60 machinegun.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained in action against an enemy or 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.

9.  The 15 June 1980 letter of support from an individual who identifies himself as the applicant's platoon sergeant states that the applicant was wounded in the back by fragments from a hand grenade that was either accidentally or intentionally placed in a garbage can. 

10.  During the processing of this case the unit records located at the National Archives, College Park Maryland.  This search failed to provide any evidence that the applicant was entitled to the Purple Heart.

11.  Army Regulation 600-8-22 also 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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

13.  Appendix B lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include: Tet 69 Counteroffensive, beginning on 22 February and ending on 8 June 1969; Vietnam Summer-Fall 1969, ending on 31 October 1969; Vietnam Winter-Spring 1970; ending on 30 April 1970; DA Sanctuary Counteroffensive ending on 30 June 1970.

14.  Department of the Army Pamphlet 672-3 Unit Citation and Campaign Participation Credit Register shows that the applicant's battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge for the period 24 August to 31 December 1969.

CONCLUSIONS:

1.  The statement from the applicant's platoon sergeant does not indicate that the applicant was wounded while in action against the enemy and indicates that the incident may have been an accident.  There is also no record of medical treatment.  Consequently, there is insufficient evidence to support the award of the Purple Heart.  

2.  The applicant distinguished himself by his excellent conduct and efficiency ratings, his offense free record, his advancement to pay grade E-4 during a qualifying period and he earned the Good Conduct Medal which should be awarded and shown on his DD Form 214.

3.  The applicant served in Vietnam during four designated campaign periods and is entitled to four bronze service stars for wear on the Vietnam Service Medal, which should be shown on his DD Form 214.

4.  The applicant's battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge and it should be shown on his DD Form 214. 

5.  All of his previously authorized weapons qualifications badges should be reflected on his DD Form 214.

6.  In view of the foregoing findings and conclusions correcting the applicant’s records as recommended below would correct errors.

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 Good Conduct Medal and that, in addition to the awards currently shown on his DD Form 214, his authorized awards include four bronze service stars for wear on the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Hand Grenade Bar for the Expert Qualification Badge and the Marksman Badge with Machinegun Bar.

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

BOARD VOTE:  

__RJW__  __RLD___  __MJT__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		   Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2003085947	
SUFFIX		
RECON		
DATE BOARDED	20030826	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PART	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.