PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 August 2003      
	DOCKET NUMBER:   AR2003086570

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Mae M. Bullock		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 in 1968 he was injured while a combat infantryman in Vietnam.  He contends that he jumped off of a personnel carrier to seek cover during a mortar barrage attack and twisted his knee.  He states that his knee immediately swelled up and he was taken to an Army hospital near Saigon, then transferred to an Army hospital in Japan and later shipped back to the United States for an operation.  In support of his application he submits a letter of explanation, dated 22 January 2003.  

4.  The applicant’s military records show that he was inducted on 23 May 1967.  He served as a light weapons infantryman while assigned to Company B, 
1st Battalion, 5th Infantry in Vietnam from 5 May 1968 through 22 June 1968.  The applicant was honorably released from active duty on 22 May 1969 in the rank of specialist four after completing 2 years of creditable active service with no lost time.

5.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Combat Infantryman Badge and the Army Commendation 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's DA Form 20 shows that he was hospitalized on 22 June 1968 during his assignment in Vietnam and transferred to the United States on 
28 June 1968 for further medical treatment.

9.  Evidence of record shows that on 17 April 1969 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  This medical record does show the applicant underwent a left knee operation in June 1968.  

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 48, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 9, dated 1979.

13.  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.

14.  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 evidence of record supports the applicant's contention that in 1968 he was injured while a combat infantryman in Vietnam.  Records show the applicant was hospitalized during his assignment in Vietnam and he underwent a left knee operation in June 1968.  However, there is no evidence of record, and the applicant has provided no evidence, which shows his left knee injury was the 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 within 18 months, the Board concludes the applicant met eligibility criteria for the first award of the Good Conduct Medal for the period 23 May 1967 through 22 May 1969 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 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit citations.

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 the applicant be awarded the Army Good Conduct Medal for the period 23 May 1967 through 22 May 1969.

2.  That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

AAO____  TBR____  MMB____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR2003086570	
SUFFIX		
RECON		
DATE BOARDED	20030807	
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.