PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           05 FEBRUARY 2002
	DOCKET NUMBER:   AR2001064914

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger W. Able		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 reflect award of a second Purple Heart.  He states, in effect, that he was wounded twice while in Vietnam and received two Purple Hearts.  However, he notes that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects entitlement to only one Purple Heart.

3.  Records available to the Board indicate the applicant entered active duty on 
11 May 1967 and was assigned to Vietnam as an infantryman in October 1967.  He was assigned to the 2nd Battalion, 28th Infantry Regiment for the duration of his tour of duty in Vietnam.

4.  On 12 May 1968 the applicant sustained fragment wounds to his head for which he was awarded the Purple Heart.  Orders issued by the 1st Infantry Division on 26 May 1968 confirmed the award.

5.  On 8 September 1968 the applicant sustained a gunshot wound to his right thigh. The wound, confirmed in a Western Union telegram to his parents, states that the applicant sustained the wound "when he was hit by friendly small arms fire directed at a hostile force" during a combat operation.  As a result of that wound the applicant was evacuated from Vietnam to an Army hospital at Fort Campbell, Kentucky.  Prior to his evacuation he participated in four designated campaign periods (Vietnam Counteroffensive-Phase III, Tet Counteroffensive, Vietnam Counteroffensive-Phases IV and V).

6.  He was released from active duty, in pay grade E-5, on 13 December 1968 with an honorable characterization of service.  His conduct and efficiency ratings throughout his military service were excellent, there is no evidence of any misconduct, and during his service he was awarded a Bronze Star Medal and an Army Commendation Medal with "V" device.  Although his separation report reflects entitlement to those awards, as well as several others, including the Vietnam Service Medal, it only reflects entitlement to one Purple Heart.  There is no indication in available records that he was ever awarded a Purple Heart for wounds sustained on 8 September 1968.  While his records do contain copies of his entrance and separation physical examination, no other medical records were available to the Board.

7.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict that were killed or wounded as a result of "friendly fire."

8.  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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

9.  Army Regulation 600-8-22 also provides that bronze service stars are awarded to represent participation in designated campaign periods.  During the Vietnam era the bronze service stars were affixed to the Vietnam Service Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (2nd Battalion, 28th Infantry Brigade) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during his tenure with the organization.  

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded as a result of "friendly fire" on 8 September 1968 while directly engaged in armed conflict and as such is entitled to a second award of the Purple Heart.  His records should be corrected accordingly.

2.  The evidence also confirms the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 13 December 1968 when he was released from active duty.  There is no evidence in available records that the applicant was ever disqualified from receiving the award and no evidence which would serve as a basis to deny him the award.  As such, the Board concludes it would be appropriate, and in the interest of justice, to award the applicant the Good Conduct Medal for the period 11 May 1967 through 
13 December 1968.

3.  The evidence also confirms the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and four bronze service stars on his Vietnam Service Medal.

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:

a.  by awarding the individual concerned the Purple Heart for wounds sustained on 8 September 1968, thereby showing that he was awarded two Purple Hearts as a result of wounds sustained while in Vietnam;

b.  by awarding him the Army Good Conduct Medal for the period 11 May 1967 through 13 December 1968;

c.  by showing that he is entitled to four bronze service stars on his Vietnam Service Medal; and

d.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

BOARD VOTE:  

__JH ___  __KAK___  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______June Hajjar_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001064914	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020205	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.