PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 March 2002
	DOCKET NUMBER:   AR2001065823

	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. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		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 that he received the Purple Heart, but his DD Form 214 does not reflect it.

4.  The applicant’s military records show that he entered active duty on 12 December 1967 and completed training as a mechanic.  He served in Vietnam from 3 July 1968 to 29 June 1969.  The applicant was honorably separated from active duty on 3 December 1970.

5.  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).

6.  The applicant’s separation medical examination shows the entry, “#35 Amputation distal phalanges [finger tips] 2nd and 3rd digits (L) left hand.”  The doctor’s notes on this medical examination state:  Alledges (sic) amputation of distal phalanges 2nd and 3rd digits (L) left hand in RVN [Republic of Vietnam] while doing maintenance on an APC [armored personnel carrier].”  The applicant’s service personnel records also contain a DA Form 2173 (Statement of Medical Examination and Duty Status) which states he was injured at the unit motorpool when the engine of an armored personnel carrier was started and his left hand was caught between the generator belt and pulley.

7.  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. 

8.  The applicant is also entitled to unit awards which are not shown on his DD Form 214.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 2nd  Squadron of the 1st Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 52, dated 1971.

10.  Department of the Army Pamphlet 672-3 also shows that the 2nd Squadron of the 1st Cavalry received award of the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation for actions during the period 1 June 1969 to 30 August 1970 based on Headquarters Department of the Army General Orders Number 24, dated 1972.  The applicant was serving with the unit during a portion of the period for which it was cited for this foreign unit award.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Squadron of the 1st Cavalry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 53, dated 1970.

12.  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.

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 are no orders in the applicant’s service personnel records which entitle him to award of the Purple Heart.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

2.  The Board reviewed the medical records which show that the applicant lost two fingers in Vietnam.  Those medical records show that he was injured while performing maintenance on an armored personnel carrier, not as a result of hostile action. 

3.  Based on the foregoing, there is insufficient evidence of wounds or injuries sustained as a result of hostile action upon which to base award of the Purple Heart.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 12 December 1967 through 3 December 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.
5.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  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 first award of the Good Conduct Medal for the period 12 December 1967 through 3 December 1970, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Gallantry Cross with Silver Star 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:  

___JTM__  __LDS__  ___JNS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mr. John N. Slone___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065823	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020321	
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.