RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  20 November 2003 
	DOCKET NUMBER:  AR2003087348

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Linda D. Simmons		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that he be awarded the Purple Heart for a fragmentation wound that he received while serving in Vietnam.

2.  The applicant states that he was not awarded the Purple Heart for his fragmentation wound that he received while serving in Vietnam. 

3.  The applicant provides a copy of his DD Form 1380 (US Field Medical Card). 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 2 September 1971, the date of his discharge.  The application submitted in this case is dated 2 December 2002.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant military records show he was inducted on 23 September 1969, as a light weapons infantryman (11B).  He served in Vietnam from 3 March 1970 to 22 January 1971.  He continued to serve until he was released from active duty on 2 September 1971.  He was transferred to the Army Reserve. 

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows he was awarded the Army National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, the Combat Infantryman Badge, the Army Commendation Medal (1st Oak Leaf Cluster), and one Overseas Service Bar.  His DD Form 214 does not show the Purple Heart as an authorized award.  

5. His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations).  Item 38 (Record of Assignments) shows that he was evacuated in a patient status to Camp Zama, Japan.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.

7.  The applicant provided a copy of his DD Form 1380 which indicated that he was diagnosed as having as fragment wound to this left shoulder while assigned to the 25th Infantry Division.  It also indicated that his injury was in line of duty and due to enemy action.  However, several items on this form are illegible such as the hour and date and what was he doing when injured.  It also does not show what treatment was given.  

8.  The applicant's records contain a copy of his separation Standard Form 88 (Report of Medical Examination), dated 18 August 1971.  Item 73 (Notes) stated that the applicant spent 14 days in the hospital in Minneapolis, Minnesota for malaria after returning from Vietnam.  It also stated that he was medically evacuated from Vietnam in March 1970 for a biopsy to be performed, which was cancelled.  It further stated that the applicant had a small piece of shrapnel in his upper left arm.  However, this evidence failed to indicate that his injury was the result of hostile action.  

9.  The applicant’s name failed to appear on the Vietnam Casualty List for a wound received to his left shoulder in 1970 or for any other wound during his service in Vietnam as a result of enemy action.

10.  Army Regulation 600-8-22 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

12.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After         27 June 1950 to the present time, the current standard for award of the 
Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The medical evidence provided by the applicant shows that he was diagnosed as having a fragment wound to his left shoulder while assigned to the 25th Infantry Division.  It also stated that his injury was in line of duty due to enemy action.  However, this document was not legible and failed to show the time and date and what the applicant was doing when injured.  
2.  The medical evidence contained in the applicant's records shows that he spent 14 days in the hospital for malaria after returning from Vietnam.  It also showed that he was medically evacuated from Vietnam in March 1970 for a biopsy, which was cancelled.  It further stated that the applicant had a small piece of shrapnel in his left arm.  However, this evidence failed to indicate that this injury was the result of hostile action. 

3.  There are no orders officially awarding the applicant the Purple Heart.  Therefore, based on the available evidence presented, there is insufficient basis to approve or show that he was awarded the Purple Heart. 

4.   The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

5.  The applicant is entitled to the first award of the Good Conduct Medal for the period 23 September 1969 to 2 September 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__jl___  __ls______  ___rd_____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the first award of the Good Conduct Medal for the period 23 September 1969 to 2 September 1971. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.

		___Joann Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087348	
SUFFIX		
RECON		
DATE BOARDED	20031120	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710902	
DISCHARGE AUTHORITY	AR  635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	61	
2.		
3.		
4.		
5.		
6.