PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 April 2002                   
	DOCKET NUMBER:   AR2001066206

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 in effect, the award of the Purple Heart.

3.  The applicant states in effect, that he was wounded while assigned to the Republic of Vietnam (RVN).  He was hit in his left leg by shrapnel.  The medic who assisted him with his injury told him that since there were no shrapnel fragments present in his leg the Purple Heart would not be awarded to him.
The applicant submits several pictures of his leg in support of his application.

4.  The applicant’s military records show that he enlisted in the Regular Army on 15 November 1967 for 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 
67N20 (Helicopter Mechanic).  The highest grade he achieved was pay grade 
E-5.  

5.  The applicant arrived in RVN on or about 9 February 1969.  He was assigned to the 605th Transportation Company, Vietnam as a helicopter repairman.  He departed the RVN on or about 18 June 1970.

6.  There are no orders in the applicant’s service records, which show that he was awarded the Purple Heart.  There also is no evidence in his records, which show he was wounded or was treated for a wound as a result of hostile action.

7.  The applicant’s medical records are not available for review.  The applicant’s 
Enlisted Qualification Record (DA Form 20) does not show an entry under item 40 (Wounds) and item 41 (Awards and Decorations).  The entries do not show the Purple Heart as an authorized award.

8.  The applicant’s personnel record does not show the Army Good Conduct Medal.  However, his record does show that he received excellent conduct and efficiency ratings during his entire period of service.  There is also no evidence of derogatory information or evidence to show that his unit commander disqualified him for the award of the Good Conduct Medal.

9.  The applicant’s record shows that he served in the RVN from 9 February 1969 through 19 June 1970.  He served through five campaigns the Vietnam Counter Offensive Phase VI from 2 November 1968 through 22 February 1969; the Vietnam Counter Offensive from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969 from 9 June through 31 October 1969; the Vietnam Winter-Spring 1970, from 1 November 1969 through 30 April 1970 and the DA Sanctuary Counter Offensive from 1 May through 30 June 1970. 

10.  On 19 June 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve.  He had completed 2 years, 7 months and 5 days of creditable active service.  His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he was authorized the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal.  It does not show the Purple Heart as an authorized award.

11.  Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 also provides, in pertinent part, that the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 or less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency rating must have been rated as “excellent” for the entire period of qualifying service.

13.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Department of the Army General Orders 51, 1971, awarded the Meritorious Unit Commendation for the period 
1 November 1968 – 31 January 1970, to the 605th Transportation Company.

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

CONCLUSIONS:

1.  There is no evidence in his record, nor has the applicant provided any evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for a wound as a result of hostile action.

2.  The evidence submitted by the applicant is insufficient and does not meet the criteria for the award of the Purple Heart.  Therefore, without official substantiating evidence the applicant is not entitled to award of the Purple Heart. However, if the applicant can provide substantiating evidence such as documented treatment records, which show that he was injured and was treated for an injury that resulted from hostile action, he may reapply.

3.  The evidence of record shows that the applicant was entitled to the first award of the Army Good Conduct Medal for the period of 15 November 1967 to 19 June 
1970, based on completion of a period of qualifying service ending with the termination of a period of Federal military service.

4.  The evidence of record also shows that the applicant was assigned to a unit at the time the unit was awarded the RVN Gallantry Cross with Palm and he served in the RVN during 5 Campaigns, entitling him to wear a silver service star with the Vietnam Service Medal.

5.  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 by awarding the individual concerned the Army Good Conduct Medal for the period 15 November 1967 through 19 June 1970.

2.  That the applicant’s DD Form 214 be amended to show the award of the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Service Medal with a silver service star.

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

BOARD VOTE:  

__aao___  __rwa___  __kyf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Arthur A. Omartian
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001066206	
SUFFIX		
RECON		
DATE BOARDED	20020204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.