PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            04 FEBRUARY 2003                  
	DOCKET NUMBER:   AR2002076349

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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.  He states that in February 1971, while serving in Vietnam, he received multiple shell fragment wounds and has been receiving compensation from the Department of Veterans Affairs for several years.  He notes, however, that he never received a Purple Heart.  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant entered active duty on 
9 February 1970.  While undergoing training as an infantryman (11B), the applicant qualified as a sharpshooter with the automatic rifle and was awarded the associated badge and component bar.  That information, however, was omitted from the applicant's separation document.

4.  The applicant was assigned to Vietnam in January 1971 and arrived at his unit of assignment on 10 February 1971.  He was assigned as an infantryman with the 2nd Battalion, 8th Cavalry.  According to his separation physical examination he sustained multiple fragment wounds to his legs, jaw and left arm in February 1971.  In July 1972, when he submitted his original claim for compensation by the Department of Veterans Affairs, the applicant reported that he had been wounded on 18 February 1971.  Other than his separation physical examination, no other medical records were available to the Board.  Item 40 (wounds) on his Department of the Army Form 20 (Enlisted Qualification Record) is blank and there in no indication he was ever awarded the Purple Heart.  His name is not among those listed as casualties during the Vietnam War and a search of archival records failed to produce evidence that the applicant was awarded the Purple Heart.

5.  The applicant's records do, however, confirm that the applicant was hospitalized in Vietnam and evacuated in a patient status in April 1971.  He did not return to duty until July 1971 when he was released from a medical holding company at Fort Knox, Kentucky and reassigned to Fort Carson, Colorado.

6.  On 20 January 1972 the applicant was released from active duty, in pay grade E-4, with an honorable characterization of service.  He was released prior to his scheduled separation date under an early discharge program, which permitted the separation of soldiers who agreed to enlist in a Troop Program Unit with the Army Reserve.  

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart 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.

8.  There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.  The unit in question can be of any size smaller than brigade.

9.  Army Regulation 600-8-22 also 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 Army 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.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal.  His conduct and efficiency ratings throughout his military service were excellent and his records contain no evidence of misconduct or disciplinary actions.

10.  A review of Department of the Army Pamphlet 672-3 indicates that the applicant's unit (8th Cavalry) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm while he was assigned to the unit.  That decoration was also omitted from his separation document.

CONCLUSIONS:

1.  Although the evidence confirming that the applicant was wounded in action while in Vietnam is not well documented, the Board concludes that the entry on his separation physical examination, the fact that his hospitalization and subsequent evacuation from Vietnam is consistent with his recollection of events, and that he applied for compensation for the wound shortly after his separation from active duty, is sufficiently compelling for the Board to resolve any doubt in favor of the applicant.  As such, the Board concludes that it would be appropriate, and in the interest of justice, to award the applicant a Purple Heart for wounds sustained on 18 February 1971.

2.  The Board also concludes that the applicant met the basic qualifications for an award of the Combat Infantryman Badge, is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and qualified as a sharpshooter with the automatic rifle and was awarded the associated badge and component bar.  His records should be corrected accordingly.

3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 20 January 1972.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 9 February 1970 through 
20 January 1972.

4.  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 awarding the individual concerned the Purple Heart for wounds sustained on 18 February 1971,

b.  by awarding him the Combat Infantryman Badge and showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

c.  by showing that he qualified as a sharpshooter with the automatic rifle and was awarded the associated badge and component bar; and

d.  by awarding him the Army Good Conduct Medal for the period 
9 February 1970 through 20 January 1972.

BOARD VOTE:  

__MHM__  __CLG__  __RJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melvin H. Meyer______
		        CHAIRPERSON

INDEX

CASE ID	AR2002076349	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030204	
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.