PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          30 October 2003     
	DOCKET NUMBER:  AR2003086049

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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 got hit by a piece of shrapnel from incoming mortar rounds in Vietnam.  He also contends that a medic wrapped his arm with a bandage.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); a letter, dated 25 February 2003, from a Member of Congress; two newspaper articles; and a letter, dated 20 January 2003. 

4.  The applicant’s military records show that he enlisted on 17 September 1968 for a period of 3 years.  He served as a light weapons infantryman assigned to Company C and Company E, 1st Battalion, 20th Infantry of the 11th Infantry Brigade in Vietnam from 9 February 1969 through 8 February 1970.  On 18 June 1970, the applicant was released from active duty in the rank of specialist four after completing 1 year, 9 months, and 2 days of creditable service with no lost time.

5.  The applicant's DD Form 214 shows the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal as authorized awards.

6.  There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7.  His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  The applicant underwent a separation physical examination on 2 June 1970 which makes no mention of any wounds or injuries sustained as a result of hostile action in Vietnam.

9.  In support of his claim, the applicant provided two newspaper articles describing combat actions of Company C, 1st Battalion, 20th Infantry of the 11th Infantry Brigade in Vietnam.  However, these articles do not show that the applicant was wounded in action. 

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 2, dated 1971.

12.  Army Regulation 600-8-22 (Military Awards) 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.

13.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he got hit by a piece of shrapnel from incoming mortar rounds in Vietnam.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.  

2.  Considering the applicant attained the rank of specialist four in less than 
2 years, the Board concludes the applicant met eligibility criteria for the first award of the Good Conduct Medal for the period 17 September 1968 through 
18 June 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant's DD Form 214 should be corrected to show this award.

3.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, this unit award should also be added to his DD Form 214.

4.  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 be corrected by showing that the applicant was awarded the first award of the Good Conduct Medal for the period 17 September 1968 through 18 June 1970.

2.  That the applicant's DD Form 214 be corrected to show award of the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

CLG___  EWL____  LCB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Curtis L. Greenway___
		        CHAIRPERSON

INDEX

CASE ID	AR2003086049	
SUFFIX		
RECON		
DATE BOARDED	20031030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.