PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 December 2001                   
	DOCKET NUMBER:   AR2001063576

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		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 that he was awarded the Purple Heart but never received the medal.  

4.  The applicant’s military records show that he was inducted into the Army on        9 April 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam and was assigned to Company C, 1st Battalion, 12th Infantry, 4th Infantry Division on or about 20 September 1968 as an ammunition bearer and automatic rifleman.  His Enlisted Qualification Record, DA Form 20, shows he was awarded the Combat Infantryman Badge on Special Orders 58, Headquarters, 4th Infantry Division, date not listed.  Item 40 of his DA Form 20 shows he received shrapnel wounds to the right arm and right leg on 27 May 1969.  He was medically evacuated to the 106th General Hospital, Camp Zama, Japan on  2 June 1969.  He is credited with three campaigns.

6.  Around September 1969, the applicant was assigned to Fort Dix, NJ.  He was released from active duty on 8 April 1970 after completing 2 years of creditable active service with no lost time.  His DA Form 20 and his Installation Clearance Record, DA Form 137, from Fort Dix, NJ show he received excellent conduct and efficiency ratings throughout his service.  His Report of Transfer or Discharge, DD Form 214, shows he was awarded the National Defense Service Medal and the Sharpshooter Badge with Rifle Bar.

7.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  The Vietnam Service Medal is awarded to all members with service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is worn on the Vietnam Service Medal for each credited campaign.  The Republic of Vietnam Campaign Medal with device 1960 is awarded to members who served in Vietnam for 6 months during the period 1 March 1961 – 28 March 1973.

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 672-3 shows that the 1st Battalion, 12th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 – 28 July 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 October 1966 – 31 October 1969.

CONCLUSIONS:

1.  There is sufficient evidence of record to show the applicant was wounded in action on 27 May 1969 and therefore is entitled to award of the Purple Heart.

2.  The applicant met the eligibility criteria for award of the Army Good Conduct Medal.

3.  The evidence of record shows the applicant was awarded the Combat Infantryman Badge.  He was assigned to a unit during a period of time that unit 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 and he is eligible for award of the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal with device 1960.

4.  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 Purple Heart for wounds received on 27 May 1969 and the Army Good Conduct Medal for the period 9 April 1968 – 8 April 1970.

2.  That the applicant’s DD Form 214 be amended to add the Purple Heart, the Army Good Conduct Medal, Combat Infantryman Badge, the Republic of Vietnam 

Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Campaign Medal with device 1960.

BOARD VOTE:  

__kak___  __reb___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001063576	
SUFFIX		
RECON		
DATE BOARDED	20011211	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.