PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           11 April 2002                  
	DOCKET NUMBER:   AR2001064856

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge		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 that he be awarded the Purple Heart for wounds received in Vietnam.

3.  The applicant states that he received a wound to his shoulder that required stitches and that this warrants award of the Purple Heart.  

4.  The applicant’s military records show that he entered active duty on 28 November 1966.  He completed basic combat training and advanced individual training (AIT) with award of the military occupational specialty (MOS) 63B (Wheeled Vehicle Repairmen). 

5.  Upon completion of AIT he was assigned to Germany with a subsequent assignment to Vietnam with the 156th Heavy Equipment Maintenance Company for the period of 11 February 1967 through 22 January 1969.

6.  The applicant submits a copy of a Chronological Record of Medical Care (Standard Form 600) that shows that, on 9 May 1968, he was treated for a laceration that required 5 stitches.  The SF 600 notes that the wound was received as a result of running into a fan while turning off barracks lights during a small arms attack.

7.  The applicant served the remainder of his period of active duty at Fort Carson, Colorado.  He was released from active duty and transferred to the Army Reserve on 26 November 1969.  The applicant had served 2 years, 11 months, and 29 days.  

8.  During the applicant’s entire period of service his conduct and efficiency marks were reported exclusively as excellent.  

9.  The applicant’s Discharge or Release from Active Duty (DD Form 214) lists his awards and decorations as the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal with 5 Bronze Service Stars. 

10.  The Unit Citation and Campaign Participation Credit Register (DA Pamphlet 672-3) lists the applicant’s unit as having received the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal during the period that the applicant was attached to it.  

11.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973. 

12.  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.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 Board concludes that the available evidence is sufficient to demonstrate that the applicant was wounded as a result of hostile action, that this wound required care by a medical officer and that this treatment is a matter of record.  Therefore, the applicant should be awarded the Purple Heart.

2.  The applicant’s records show that he distinguished himself by his conduct, efficiency and fidelity during a qualifying period warranting award of the Good Conduct Medal.

3.  The applicant’s unit was shown to have been awarded the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal for actions during the period the applicant was attached to it.  The Board concludes that it is appropriate that the applicant’s records reflect these awards.
 
4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart, for wounds sustained on 9 May 1968, the Good Conduct Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross With Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal.

BOARD VOTE:  
			   
_MKP___  _EJA___  __RTD__  GRANT PARTIAL RELIEF - SEE DISSENT SHEET

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  _Margaret K. Patterson____
		        CHAIRPERSON

INDEX

CASE ID	AR2001064856	
SUFFIX		
RECON		
DATE BOARDED	20020411	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT,	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.