PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          2 October 2003      
	DOCKET NUMBER:  AR2003086918

	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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

3.  The applicant states, in effect, that he injured his left knee in Vietnam when an armored personnel carrier ran over a landmine and he was thrown in the air.  

4.  The applicant’s military records show that he was inducted on 3 November 1965.  He served as an armor intelligence specialist assigned to Troop C, 1st Squadron, 11th Armored Cavalry Regiment in Vietnam from 20 August 1966 through 23 May 1967.  The applicant was honorably released from active duty on 2 November 1967 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 Combat Infantryman Badge, the Republic of 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 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 military records show that he participated in one campaign during his assignment in Vietnam.

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.  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 60, dated 1969.

11.  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.
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 this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

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 injured his left knee in Vietnam when an armored personnel carrier ran over a landmine and he was thrown in the air.  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.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in one campaign during his assignment in Vietnam which is not correctly shown by award of one bronze service star for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award.   

3.  Considering the applicant attained the rank of specialist four 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 3 November 1965 through        2 November 1967 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.

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 Army Good Conduct Medal for the period 
3 November 1965 through 2 November 1967.

2.  That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Vietnam Service Medal with one bronze service star, 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:  

KAN____  LE_____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Kathleen A. Newman__
		        CHAIRPERSON

INDEX

CASE ID	AR2003086918	
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.