PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            31 January 2002
	DOCKET NUMBER:   AR2001065649

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Ms. Regan K. Smith		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 he was burned over 40 percent of his body and first, second, and third degree burns on his upper body, face arms, and head.  He also states that he spent 55 days in the hospital.  The applicant continues that he was burned around September or November of 1969 when he was pouring the last five gallons of gasoline on a pile of material in preparation for his move to a new location.  He contends that a firefight started and the pile of material went up in flames.  The applicant also states that a sergeant told him that a tracer bullet was shot into the pile of material.  He states that he was air lifted to the hospital and should have been awarded a Purple Heart at that time.  He concludes that he returned to his unit after he left the hospital.

4.  The applicant’s military records show that he was inducted on 24 May 1968 and completed training as a wireman.  He served in Vietnam in Battery C of the 2d Battalion 33rd Artillery in Vietnam from 20 July 1969 to 2 April 1970.  The applicant was honorably separated from active duty on 4 April 1970. 

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which is authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

9.  The applicant’s records contain 1st Infantry Division General Orders Number 2266, dated 16 February 1970, which amended 1st Infantry Division General Orders Number 1000 to show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) instead of the Army Commendation Medal.

10.  There is no indication in the applicant’s personnel 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 indiscipline in his records.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

12.  Army Regulation 600-8-22 provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

13.  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.  

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart.

2.  The Board noted the applicant’s contention that he was burned as a result of hostile action when a tracer round ignited a pile of material on which he had poured gasoline.  However, there is no evidence of record to support that contention.  

3.  The Board also noted that the applicant returned to his original unit after his hospitalization and had ample time to pursue award of the Purple Heart which he contends should have been awarded to him at the hospital. 

4.  In view of the foregoing, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.  Evidence of record shows that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

6.  The applicant’s records show that he received two awards of the Army Commendation Medal.  Therefore, he is entitled to correction of his records to show the Army Commendation Medal (First Oak Leaf Cluster). 

7.  The applicant is entitled to the first award of the Good Conduct Medal for the period 24 May 1968 through 4 April 1970 based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  He is also entitled to correction of his records to show this award.

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Army Commendation Medal (First Oak Leaf Cluster) and the first award of the Good Conduct Medal for the period 24 May 1968 through 4 April 1970.

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

BOARD VOTE:  

__RVO__  __RKS__  __EJA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Mr. Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR201065649	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020131	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.