PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           19 March 2002                  
	DOCKET NUMBER:   AR2001062886

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that he was awarded the Purple Heart (PH) with oak leaf cluster.

3.  The applicant states that the PH is missing from his DD Form 214 for wounds he received in combat to his right leg and face on 25 January 1969 and that a second PH is missing for wounds he received to the left shoulder and lower back in April 1969.  The applicant did not provide any tangible evidence in support of his application other than his statement in Block 10 of DD Form 149 (Application for Correction of Military Records). 

4.  The applicant’s military records show that he was inducted into the Army of the United States on 10 July 1968 for a period of 2 years.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 11B, (Light Weapons Infantryman) and was assigned to the Republic of Vietnam.

5.  On 15 January 1969, the applicant was assigned to Company A, 2nd Battalion, 47th Infantry Regiment (Mechanized), 9th Infantry Division.  The applicant’s DA Form 20 (Enlisted Qualification Record) indicates that he was wounded in the face, right leg and abdomen on 25 January 1969.  It also shows that he was evacuated to the 106th General Hospital, Yokohama, Japan, for treatment on 31 January 1969.  He remained a patient until 12 March 1969.  On 19 March 1969, the applicant returned to Company A, 2nd Battalion, 47th Infantry Regiment (Mechanized), 9th Infantry Division, where he served until 7 December 1969.

6.  On 7 December 1969, the applicant departed Vietnam and was assigned to Fort Lewis, Washington.  On 25 March 1970, he requested early release under the provisions of paragraph 5-20, Army Regulation 635-200, in order to attend school.  On 8 April 1970, the applicant’s request for early release was approved. Accordingly, on 9 April 1970, the applicant was released from active duty and transferred to the United States Army Reserve after completing 1 year and 9 months of active service.  His DD Form 214 credits him with the following awards:  Bronze Star Medal with “V” Device, Bronze Star Medal with “V” Device and Oak Leaf Cluster, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, Vietnam Cross of Gallantry with Palm Unit Citation, and two Overseas Service Bars.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH).  It stated that soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.

9.  AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star (BSS), 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.  The applicant participated in the following campaigns:  Vietnam Counteroffensive, Phase V, Tet 1969, and Vietnam Summer-Fall 1969.  He is entitled to three BSS for his Vietnam Service Medal.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969.

CONCLUSIONS:

1.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he arrived in Vietnam on 8 December 1968 and was assigned to Company A, 2th Battalion, 47th Infantry Regiment (Mechanized), 9th Infantry Division on 15 January 1969.  It also shows that he was wounded on 25 January 1969 and evacuated to the 106th General Hospital, Yokohama, Japan, on 31 January 1969.  He remained at the 106th General Hospital until 12 March 1969 when he was released to return to his unit in Vietnam.  The Board accepts this evidence of record as proof that the applicant was wounded in Vietnam and that he is entitled to one PH.

2.  The applicant did not provide, nor does the record contain evidence of a second wounding.

3.  The record proves that the applicant is also entitled to the GCMDL for the period from 10 July 1968 thru 9 April 1970, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, the VCM, and three BSS for his VSM.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, (Correction to DD Form 214) showing the award of the PH, the GCMDL, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and three BSS for his VSM.

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

BOARD VOTE:  

_SLP___  __SK ___  __EJA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_      Shirley L. Powell_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001062886	
SUFFIX		
RECON		
DATE BOARDED	20020319	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700409	
DISCHARGE AUTHORITY	AR 635-200, C 5-20	
DISCHARGE REASON	Early release for school	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.