PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 September 2001                   
	DOCKET NUMBER:   AR2001059023

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Ms. Paula Mokulis		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 that he be awarded the Purple Heart.

3.  The applicant states that his Report of Transfer or Discharge, DD Form 214, does not show that he earned a Purple Heart.  He was shot in Long Binh saving a fellow soldier.  His condition caused him not to be concerned about himself.  He provides no supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on   15 April 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 12A (Pioneer).  He was later awarded MOSs 12B (Combat Engineer) and 63C (Track Vehicle Mechanic.

5.  The applicant was assigned to Vietnam on or about 1 October 1969.  He was assigned to Company A, 6th Engineer Battalion, 25th Infantry Division where he performed duties as a pioneer, construction specialist, and wheel vehicle repairman.  He was awarded the Army Commendation Medal on General Orders 4040, Headquarters, 25th Infantry Division dated 1 April 1970 for the period         1 January to 28 February 1970.  He departed Vietnam on 3 November 1970.  His Enlisted Qualification Record, DA Form 20, item 40 does not show that he received wounds.  

6.  On 10 November 1970, the applicant was released from active duty after completing 1 year, 7 months, and 6 days of creditable active service with no lost time.  His DA Form 20 shows that his conduct and efficiency were rated as excellent throughout his service.  The Army Commendation Medal is not listed on his DD Form 214.  

7.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  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.

9.  Department of the Army Pamphlet shows that the 65th Engineer Battalion    was awarded the Republic of Vietnam Gallantry Cross with Palm for the period   1 September 1968 – 30 September 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 13 March 1966 – 21 January 1970.

CONCLUSIONS:

1.  The evidence of record does not show that the applicant was wounded in action and he does not provide any evidence to show he was wounded.

2.  The applicant met the eligibility criteria for award of the Army Good Conduct Medal.  He was awarded the Army Commendation Medal but that award was not listed on his DD Form 214.  He was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class and so is entitled to those awards, also.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 15 April 1969 – 10 November 1970.

2.  That the applicant’s DD Form 214 be amended to add the Army Commendation Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal, First Class.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rjw___  __kwl___  __pm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Raymond J. Wagner
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059023	
SUFFIX		
RECON		
DATE BOARDED	20010920	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.