PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           13 February 2003                   
	DOCKET NUMBER:   AR2002075951

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Robert J. Osborn		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 he be awarded the Purple Heart (PH).

3.  The applicant states in a Statement In Support of Claim, VA Form 21-4138, that he was wounded in an ambush on 11 July 1967 in Vietnam.  He was in the hospital for 5 months; 3 months in Japan, and 2 months in Fort Gordon, Georgia.

4.  The applicant’s military records show that he was inducted and entered on active duty on 6 July 1966.  He was awarded the military occupational specialty of infantryman and was promoted to pay grade E-4.  He served in Vietnam from 16 December 1966 to 13 September 1967.

5.  When the applicant was sent to Vietnam, he was assigned to a company in a light infantry brigade as an automatic rifleman.  On 20 July 1967, the applicant’s duty status changed from duty to patient, and he was assigned to a hospital unit.

6.  He was reassigned to Fort Gordon, Georgia, still in a patient status.  His duty status changed from patient to duty on 6 December 1967.

7.  When the applicant was returned to duty status, he was given temporary physical profile restrictions.  On the form imposing those restrictions, it was stated that the profile was due to multiple fragment wounds.

8.  On 6 June 1968, the applicant was given a separation physical examination.  In the report of examination it was noted that the applicant had suffered multiple fragment wounds of his arm, back, leg and left forearm.

9.  On 5 July 1968, the applicant was honorably released from active duty.  His separation document shows that he was awarded the Vietnam Service Medal, the Vietnam Campaign Medal, the National Defense Service Medal, and marksmanship qualification badges.

10.  On 16 May 1969, the applicant was notified by the Veterans Administration that he was awarded a 40 percent disability rating for nerve condition of his left leg, shell fragment wounds to both legs, and residuals of a fracture to his right arm.

11.  Army Regulation 600-8-22 provides that the PH is awarded for wounds 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 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  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.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

14.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm.  This pamphlet also shows that the applicant served in Vietnam during Vietnam Counteroffensive Phase II, and Vietnam Counteroffensive Phase III.

15.  In the processing of this case the Army Review Boards Agency, Screening Team, researched the applicant’s unit’s records.  No evidence could be located to show that the applicant was ever awarded the PH.

CONCLUSIONS:

1.  There is overwhelming evidence of record to show that the applicant was seriously wounded in an ambush in Vietnam.  As such, he is entitled to the PH.

2.  While not requested by the applicant, the Board considered whether he should also be awarded the Good Conduct Medal.  In that regard, since there is no derogatory information contained anywhere in the applicant’s records, the Board must presume that the applicant wasn’t awarded the Good Conduct Medal due to administrative oversight.

3.  In addition, the applicant was an infantryman serving in an infantry unit who obviously was participating in active ground combat.  Therefore, he is also entitled to the CIB.

4.  Finally, the applicant is entitled to the RVN Gallantry Cross Unit Citation with Palm and two bronze service stars for wear on his already issued Vietnam Service Medal.

5.  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 by:

	a.  awarding to the individual concerned the PH;

	b.  awarding to him the Good Conduct Medal for the period 6 July 1966 to 5 July 1968;

	c.  awarding to him the CIB;

	d.  awarding to him the RVN Gallantry Cross Unit Citation with Palm; and

	e.  awarding to him two bronze service stars for wear on his already awarded Vietnam Service Medal; and

	f.  correcting his records accordingly.

BOARD VOTE:  

___rjo___  ____gjw_  ____rvo _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond V. O'Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2002075951	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020213	
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.