PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            12 MARCH 2002                  
	DOCKET NUMBER:    AR2001065881

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gail J. Wire 		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 and the Army Commendation Medal.

3.  The applicant states that he would like to have these awards shown on his separation document (DD Form 214).  He submits a copy of his DD Form 214 in support of his application.

4.  The applicant’s military records show that he was inducted into the Army on 30 August 1966.

5.  Item 40 (Wounds) on his Enlisted Qualification Record shows he was wounded in the right leg on 7 August 1967.

6.  Orders dated 26 October 1967 show he was awarded the Purple Heart for wounds he received as a result of action against the enemy on 5 August 1967.

7.  He received conduct and efficiency ratings of “Excellent” throughout his military service.

8.  His records do not show he was awarded the Army Commendation Medal.

9.  He was honorably separated for expiration of term of service on 29 August 1968.

10.  His decorations and awards include the National Defense Service Medal, Republic of Vietnam Campaign Medal, the Vietnam Service Medal with 3 Bronze Service Stars, the Marksman Badge w/Rifle Bar and the Combat Infantryman Badge. 

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the 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.

12.  The regulation further provides that the Army 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.  The regulation also provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1.  The applicant is entitled to correction to his DD Form 214 dated 29 August 1968 to show he was awarded the Purple Heart.  

2.  The applicant’s records show he was wounded as a result of hostile action, which was made a matter of record.  He was awarded the Purple Heart on official orders.

3.  While the Board notes his Enlisted Qualification Record shows he was wounded on 7 August 1967, the official orders awarding the Purple Heart shows 5 August 1967.  

4.  Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his unit commanders, the Board concludes the applicant served a qualifying period of honorable service that entitles him to receive the first award of the Army Good Conduct Medal.  In addition, the Board finds that his service in the Republic of Vietnam entitles him to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the Board finds that it would be appropriate to add these awards on his records at this time.

5.  The applicant’s records do not show he was awarded the Army Commendation Medal nor has the applicant provided evidence to show he is entitled to this award.

6.  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:

a.  by showing on the DD Form 214 of the individual concerned award of the Purple Heart for wounds received in action in Vietnam on 5 August 1967; 

b.  by awarding him the Army Good Conduct Medal for his honorable service from 30 August 1966 to 29 August 1968; and

c.  by awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

_gjw____  _rjw____  _inw____    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		      Irene N. Wheelwright
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001065881	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.