PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 February 2002
	DOCKET NUMBER:   AR2001062695

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		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 request, in effect, that he be awarded 2 Purple Hearts (PH) for being wounded in action on two separate occasions.

3.  The applicant states, in effect, that he was wounded in action in the Republic of Vietnam (RVN) on 25 December 1967 and on 16 April 1968, which should entitle him to be awarded the PH and the PH with 1st Oak Leaf Cluster (OLC).  In support of his application, he submits the following documents: U.S. Field Medical Card (DD Form 1380), dated 25 December 1967; DD Form 1380, dated 16 April 1968; and a copy of his separation document (DD Form 214).

4.  The applicant’s military records show that he was inducted into the Army of the United States on 15 June 1967.  His was trained and served in military occupational specialty (MOS) 11D (Armor Intelligence Specialist) and the highest rank he attained while serving on active duty was specialist four/E-4 (SP4/E-4).

5.  The applicant’s record confirms that he was assigned to the RVN and served with B Troop, 1st Battalion, 11th Armored Cavalry Regiment, as a scout observer, from 20 November 1967 to 16 November 1968.  

6.  On 13 June 1969, the applicant was honorably released from active duty under the provisions of chapter 2, Army Regulation 635-200, by reason of expiration of term of service.  At the time of his separation he had completed a total of 1 year, 11 months, and 29 days of active military service.  

7.  On the date of his separation, the applicant was issued a DD Form 214 that he authenticated with his signature.  This document shows that during his active duty tenure he earned the following awards:  National Defense Service Medal; Vietnam Service Medal with 2 bronze service stars; Republic of Vietnam Campaign Medal with 60 Device; and Combat Infantryman Badge.  The awards listed in this separation document do not include the PH or the PH 1st OLC.

8.  The applicant’s medical record contains a copy of a DD Form 1380 (US Field Medical Card), dated 25 December 1967, that confirms that he was treated by military medical personnel for grenade fragment wounds to his right shoulder, which he received in action against the enemy in the RVN on 25 December 1967.  There is also a second DD Form 1380 on file that verifies he was also treated by military medical personnel for shrapnel wounds to his armpit, which he received in action against the enemy in the RVN on 16 April 1968.

9.  The applicant’s record is void of any derogatory information or a specific disqualification from any unit commander for which he served that would preclude him from receiving the Army Good Conduct Medal.

10.  Army Regulation 600-8-22 prescribes the policy for the Army awards program. Paragraph 2-8 contains the policy for awarding the PH and it states, in pertinent part, that the PH 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.  Paragraph 2-8b(1) states, in pertinent part, that the PH is authorized for the first wound suffered, but for each subsequent award an oak leaf cluster will be awarded.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

11.  Chapter 4 of the awards regulation provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  It also specifies that for the first award only, a period of more than 1 year is a qualifying period for the award at the termination of a period of Federal service.  While award of the AGCM is not automatic, current policy requires that a disqualification must be justified.

12.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1.  By regulation, in order to award the PH a member must have been wounded in action, must have been treated for the wound by military medical personnel, and this treatment must have made a matter of official record.  

2.  The evidence of record confirms that the applicant was twice treated by military medical personnel for wounds received in action against the enemy in the RVN.  Therefore, the Board concludes, given the regulatory burden of proof has been satisfied in this case, that it would be appropriate to award the applicant the Purple Heart and the Purple Heart 1st Oak Leaf Cluster and to add these awards to his records at this time. 

3.  The evidence of record also confirms that the applicant served a qualifying period of service that entitles him to receive the AGCM.  Given his record is void of any derogatory information or a specific disqualification from any of the unit commanders for which he served, the Board concludes it would be appropriate to add the AGCM to his record at this time.

4.  In addition, based on his service in the RVN, the applicant is entitled to receive the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Board finds it would also be appropriate to add this award to his record at this time.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by:  awarding him the Purple Heart, for being wounded in action on 25 December 1967, while serving as a private first class in the RVN; awarding him the Purple Heart 1st Oak Leaf Cluster, for being wounded in action on 16 April 1968, while serving as a specialist four in the RVN; awarding him the Army Good Conduct Medal, for his honorable period of active military service from 15 June 1967 to 13 June 1969; adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his records based on his unit service in the RVN; and providing him a corrected separation document that reflects these changes. 

BOARD VOTE:  

__FNE__  __MKP__  ___LE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2001062695	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.