PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                3 December 2002              
	DOCKET NUMBER:       AR2002076325

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Charmane Collins		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 correction of his records to show award of the Purple Heart.

3.  The applicant states that he did not receive a Purple Heart for being wounded in the Republic of Vietnam and was "R.T.O. [radio telephone operator]" at the time of injury.  He contends that he was hospitalized in Chu-lai for about 20 to 
30 days then he returned to his battery.  The applicant did not submit documents in support of his application.

4.  The applicant’s military records show that he was inducted in the Army on 28 July 1969.  He successfully completed basic and advanced individual training and served in Vietnam from 16 December 1969 through 15 December 1970.  The applicant was honorably released from active duty on 27 April 1971 in the rank of specialist four.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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.  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.  The applicant's name is listed on the Vietnam Casualty Roster and shows that he was wounded in action on 4 June 1970.

8.  The applicant's service personnel records contain a Medical Condition – Physical Profile Record (DA Form 8-274).  Item 6 (Individual Has The Defect(s) Listed Below) on this document shows the entry "Fragment wound to right side of back complicated by infection."

9.  Review of the applicant's personnel records revealed that he is eligible for award of the Bronze Star Medal, the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

10.  The applicant was awarded the Bronze Star Medal by Headquarters, 23rd Infantry Division General Orders Number 15310, dated 22 November 1970, for meritorious service from December 1969 to November 1970.

11.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.
12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the military campaigns of the Vietnam War.  Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in three campaigns of the Vietnam War.

13.  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 42, dated 1972.

14.  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, and the medical treatment must have been made a matter of official record.

15.  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.  

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  There are no orders available to the Board which authorize award of the Purple Heart to the applicant.  However, the Vietnam Casualty Roster shows the applicant was wounded in Vietnam on 4 June 1970 as a result of hostile action. Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is entitled to correction of his records to show award of the Purple Heart.

2.  Orders show the applicant was awarded the Bronze Star Medal for meritorious service from December 1969 to November 1970.  Therefore, his DD Form 214 will be amended to show award of the Bronze Star Medal.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 28 July 1969 through 27 April 1971 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.

4.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam.  Therefore, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

5.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

6.  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:

	a.  by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and 

	b.  by adding the Purple Heart, the Bronze Star Medal, the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 on his DD Form 214.

BOARD VOTE:  

FNE____  JEA_____  CC______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002076325	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021203	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.