PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          2 October 2003      
	DOCKET NUMBER:  AR2003086809

	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:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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 sustained an injury to his chest from a bullet fragment in May 1968 in Vietnam.  He contends that the Department of Veterans Affairs (DVA) has granted service connection for this injury.  In support of his application, he submits a DVA Rating Decision, dated 26 March 2002.

4.  The applicant’s military records show that he was inducted on 1 August 1966. He served as a truck vehicle mechanic assigned to Company B, 2nd Battalion, 34th Armor in Vietnam from 17 June 1967 through 12 June 1968.  On 
15 June 1968, the applicant was released from active duty in the rank of specialist five after completing 1 year, 10 months and 15 days of creditable service with no time lost.

5.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not reflect 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 provided a DVA Rating Decision, dated 26 March 2002, which shows that he was granted service connection for residuals, bullet fragment adjacent to the inferior sternum.  This rating decision also states that "The service medical records show the veteran sustained a fragment wound to the chest in May 1968."  However, there are no service medical records available.   

9.  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.

10.  The applicant's service personnel records show that he participated in two campaigns during his assignment in Vietnam.

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 21, dated 1969.
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.

14.  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 this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  
 
CONCLUSIONS:

1.  The Board considered the applicant's contention that he sustained an injury to his chest from a bullet fragment in May 1968 in Vietnam.  The Board also considered the DVA Rating Decision provided by the applicant in support of his claim for award of the Purple Heart.  However, in the absence of orders or any other evidence which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam, the Board determined that this rating decision is not sufficient as a basis for award of the Purple Heart.  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 five in less than two years, the Board concludes the applicant met eligibility criteria for the first award of the Good Conduct Medal for the period 1 August 1966 through 15 June 1968 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 DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   

4.  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.

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 the applicant be awarded the Good Conduct Medal for the period 
1 August 1966 through 15 June 1968.

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 Vietnam Service Medal with two bronze service stars, 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:  

KAN____  LE_____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Kathleen A. Newman__
		        CHAIRPERSON

INDEX

CASE ID	AR2003086809	
SUFFIX		
RECON		
DATE BOARDED	20031002	
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.