PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                4 November 2003
	DOCKET NUMBER:        AR2003089555

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Antonio Uribe		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 for wounds he received in combat in Vietnam.

3.  The applicant states that he was wounded in the left shoulder and forearm.  He does not believe the paperwork was ever submitted to award him a Purple Heart and the orders may have been misplaced or lost.  He submitted Chronological Records of Medical Care (Standard Form 600) in support of his application.

4.  The applicant’s military records show that he was inducted into the Army on 25 March 1969.  He completed the required training and served as an infantryman in Vietnam from 1 September 1969 through 31 August 1970.  He was promoted to specialist four on 15 December 1969.  He has no record of any disciplinary actions.  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

5.  The applicant provided a copy of his Chronological Record of Medical Care which shows he sustained a superficial shrapnel wound to his left shoulder and left arm on 17 April 1970.  His wound was described as a nonbattle injury (NBI).

6.  The applicant was honorably discharged on 29 January 1971 after completion of 1 year, 10 months, and 5 days of active military service with no days of lost time.

7.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Army Commendation Medal, the Air Medal (First Oak Leaf Cluster), and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.
It does not show the Purple Heart as an authorized award.  There are no orders which show the applicant was awarded the Purple Heart.  Item 40 (Wounds) on the applicant's DA Form 20 does not show he sustained wounds as a result of hostile action.  The applicant's name is not listed on the Vietnam Casualty Roster.  

8.  Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he was assigned to Headquarters and Headquarters Company and Company C, 1st Battalion, 506th Infantry in Vietnam.  He was credited with participation in four campaigns.

9.  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.  

10.  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.

11.  Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 506th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.  

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.

CONCLUSIONS:

1.  There are no orders available to the Board which authorize award of the Purple Heart to the applicant.  The Board noted the Chronological Record of Medical Care provided by the applicant which indicates he sustained a superficial shrapnel wound to his left shoulder and left arm on 17 April 1970.  However, this document shows that his wound was a nonbattle injury.  In the absence of any other corroborating evidence of record which shows that the applicant was wounded or injured as a result of hostile action, there is insufficient basis upon which to award the Purple Heart in this case.

2.  The Board concludes that the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 25 March 1969 through 29 January 1971.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Based on the applicant’s dates of service in Vietnam, Appendix B of Army Regulation 600-8-22 shows that he participated in four campaigns of the Vietnam War.  Therefore, he is entitled to a total of four bronze service stars for wear on his Vietnam Service Medal.

4.  The Board notes that the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Later all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  Therefore, his records should be corrected to show these foreign unit awards.

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 all of the Department of the Army records related to this case be corrected:

a.  by awarding the applicant the Army Good Conduct Medal for the period 25 March 1969 through 29 January 1971; 

	b.  by showing the applicant was awarded the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  by showing he is authorized to wear four bronze service stars on his Vietnam Service Medal.

2.  That so much of the application as it relates to the Purple Heart be denied.

BOARD VOTE:  

FNE_____  GJW____  AU_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003089555	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031104	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.