PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 JANUARY 2002
	DOCKET NUMBER:   AR2001063080

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		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.

3.  The applicant states that he received the Purple Heart and his DD Form 214 should show that he was awarded the Purple Heart.

4.  The applicant’s military records show that he enlisted in the Army on             28 December 1966, completed training, and in August 1967 was assigned to a company of  the 3d Battalion, 12th Infantry, a 4th Infantry Division unit in Vietnam, initially as a personnel specialist, but in October of that year, as an infantryman.  On 1 February 1968 he was assigned to the 52nd Security Detachment in Vietnam as a rifleman.  A casualty report shows that the applicant was wounded as a result of hostile action on 10 February 1968, receiving a fragmentation wound to his left knee when hit by fragments from a hostile mortar round.  He was treated for his wound at the 71st Evacuation Hospital.  An order published by the 71st Evacuation Hospital on 11 February 1968 awarded the Purple Heart to the applicant for the wound that he received on the previous date.  That order shows that it was his third award of the Purple Heart.  

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows an entry in item 40, Wounds, “Poss Fx L-leg,” with a date of 19 November 1967.  There is no other document to show that the applicant was wounded on that date. 

6.  The applicant returned to the United States in August 1968.  He participated in four campaigns during his tour in Vietnam, and the 3d Battalion, 12th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while he was assigned to that organization.  An 11 August 1968 report of medical examination shows that he was medically qualified for separation.  Neither that report nor his report of medical history mention any wounds.  He was released from active duty and transferred to the Army Reserve Control Group on 12 August 1968.  His DD Form 214 shows award of the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  It does not show award of the Purple Heart. 

7.  The applicant served in the Army Reserve subsequent to his discharge.  His 27 April 1974 report of medical history contains the notation that he received a shrapnel wound in Vietnam.  That report also indicates that he was receiving a 10 percent disability rating for an injury to his knee cap.

8.  Army Regulation 600-8-22 provides 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.

9.  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.  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.  The Vietnam Service Medal is awarded for service in Vietnam after                3 July 1965 through 28 March 1973.  One bronze service star is authorized for wear on the Vietnam Service Medal for each campaign. 

CONCLUSIONS:

1.  The evidence is clear that the applicant was wounded in action on                 10 February 1968.  He is entitled to award of the Purple Heart.  However, despite the order published by the 71st Evacuation Hospital and the notation in his enlisted qualification record, there is no evidence that he was in fact treated for any other wound.  There is no medical documentation to show that he received any wound other than that on 10 February 1968.  He is not entitled to any additional awards of the Purple Heart. 

2.  The applicant served his country faithfully and honorably.  He is entitled to award of the Good Conduct Medal for his service from 28 December 1966 through 12 August 1968.  

3.  The applicant participated in four campaigns during his tour in Vietnam.  He is entitled to award of the Vietnam Service Medal with four bronze service stars (one for each campaign).  The applicant is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  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 be corrected by showing that the individual concerned was awarded the Purple Heart, the Good Conduct Medal, Vietnam Service Medal with four bronze service stars,   the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

BOARD VOTE:  

__GDP__  __WTM__  __RTD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___George D. Paxson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001063080	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.