PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 June 2002
	DOCKET NUMBER:   AR2001063447

	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. P. A. Castle		Analyst	

	The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 records be corrected to show he was awarded the Purple Heart.

3.  The applicant states he was in Vietnam about 7 months and it was around Christmas 1968 when he was wounded.

4. The applicant’s military records show that he was inducted and that he entered active duty on 9 October 1967.  After serving 2 years of active duty, he was honorably discharged on 8 October 1969 in the pay grade of E-5.  His report of separation (DD Form 214) does not reflect entitlement to the Purple Heart.   He signed and authenticated it as correct on 8 October 1969.

5.  In the available medical records, the only entry for December 1968 is the Benadryl medicine given to him for treatment of hives.

6.  There is no indication in the applicant’s records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency was rated as “excellent” throughout his service and there is no indication of disciplinary action in his records.

7.  A staff member of the Board checked to see if the applicant’s name was listed on the Vietnam Casualty Roster which failed to indicate that the applicant was injured during his term of service.

8.  Further review of the applicant’s records reveals that in accordance with the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) the applicant’s unit in Vietnam during his period of service participated in five campaigns that entitled him to the award of five bronze service stars for wear on his already awarded Vietnam Service Medal.  Also, based on the unit’s period of participation, the applicant should be awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

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.  Army Regulation 600-8-22 provides, in pertinent part, that a silver service star (SSS) is authorized in lieu of five bronze service stars based on qualifying service, for each campaign listed in Appendix B of this regulation and states that the authorized a silver service star will be worn on the appropriate service medal.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

CONCLUSIONS:

1. The requirements for award of the Purple Heart includes evidence that an individual was wounded as the result of hostile action, that such wounds required treatment by a medical officer, and that such treatment was made a matter of official records.  There is no evidence available to the Board which confirms any of these requirements.

2. The applicant is eligible for a silver service star in place of his 5 BSS for wear on his already awarded Vietnam Service Medal by virtue of his participation in five campaigns during his service in Vietnam.

3.  Evidence shows the applicant had an excellent record of service, accordingly, the Board believes that he should be awarded the Army Good Conduct Medal for the period 9 October 1967 through 8 October 1969.

4.  The Unit Citation and Campaign Participation Credit Register lists the awards of the applicant’s unit in Vietnam.  Therefore, he qualifies for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

5.  Therefore, in accordance with the governing regulation, the applicant is entitled to the correction of his DD Form 214 to show all of the above mentioned awards.

6.  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 showing that he is entitled to one silver service star for wear on his already awarded Vietnam Service Medal, and by awarding him the Army Good Conduct Medal for the period of service from 9 October 1967 through 8 October 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

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

BOARD VOTE:  

___sk___  ___jm ___  ___teo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Stanley Kelley______
		        CHAIRPERSON

INDEX

CASE ID	AR2001063447	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015/PH	
3.		
4.		
5.		
6.