PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          7 October 2003   
	DOCKET NUMBER:  AR2003087007

	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. Fred N. Eichorn		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. Robert Duecaster		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 military records to show award of the Purple Heart and the Bronze Star Medal.    

3.  The applicant states that he was awarded the Purple Heart and the Bronze Star Medal at a ceremony in August 1970 in Vietnam.  In support of his application, he submits an award certificate for the Bronze Star Medal and a copy of his DD Form 214 (Report of Transfer or Discharge) for the period ending 
3 February 1971.   

4.  The applicant’s military records show that he was inducted on 4 February 1969, trained as a light weapons infantryman and was honorably discharged on 
3 October 1969 for immediate enlistment.  He enlisted on 4 October 1969 for a period of 3 years.  The applicant served as a light weapons infantryman assigned to Company A, 2nd Battalion, 8th Infantry, 4th Infantry Division in Vietnam from 10 September 1969 through 8 November 1969.  He served as an armorer and light truck driver assigned to Headquarters and Headquarters Company, 2nd Battalion, 8th Infantry, 4th Infantry Division in Vietnam from 9 November 1969 through 9 September 1970.  On 3 February 1971, the applicant was released from active duty in the rank of sergeant after completing 2 years of creditable service with no time lost.

5.  The applicant's DD Form 214 for the period ending 3 February 1971 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal, two awards of the Overseas Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman 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.  The applicant's 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.  4th Infantry Division General Orders Number 4298, dated 17 August 1970, show the applicant received the Bronze Star Medal for meritorious achievement for the period 1 May 1970 to 30 July 1970.

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 (2nd Battalion, 8th Infantry) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 52, dated 1971.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(2nd Battalion, 8th Infantry) 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 53, dated 1970.

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.

CONCLUSIONS:

1.  The evidence of record does not support the applicant's contention that he was awarded the Purple Heart in August 1970 in Vietnam.  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 received the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  Considering the applicant attained the rank of sergeant in less than two years, the Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 4 February 1969 through 3 February 1971 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 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.   

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 first award of the Good Conduct Medal for the period 4 February 1969 through 3 February 1971.

2.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Bronze Star Medal, the Good Conduct Medal, 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:  

FNE____  SP_____  RD______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2003087007	
SUFFIX		
RECON		
DATE BOARDED	20031007	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0000	
4.		
5.		
6.