PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 December 2002   
	DOCKET NUMBER:   AR2002077203

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. William D. Powers		Member	
	Ms. Barbara J. Ellis		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. 

3.  The applicant states, in effect, that his separation physical examination shows that he sustained a shrapnel wound to his back in May 1970 in Vietnam.  In support of his application, he submits the first page of a Standard Form 88 (Report of Medical Examination), dated 14 December 1971; and the second page of a Standard Form 93 (Report of Medical History), dated 14 December 1971.

4.  The applicant’s military records show that he enlisted on 16 June 1969 for a period of 3 years.  He served as a radio operator in Vietnam from 8 April 1970 through 15 March 1971 and was honorably released from active duty on 
7 January 1972.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  The applicant’s separation physical examination conducted on 14 December 1971 indicates the applicant sustained a shrapnel wound to his back in May 1970 in Vietnam in item 25 (Physician’s Summary and Elaboration of all Pertinent Data).

7.  However, there are no orders for the Purple Heart in the applicant’s service personnel records.  His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  Headquarters 1st Aviation Brigade General Orders Number 1805, dated 
5 March 1971, show the applicant received the Air Medal during the period 6 May 1970 to 22 July 1970 in Vietnam.  This award is not shown on his discharge document.

9.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in three campaigns during his assignment in Vietnam.

10.  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.

11.  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 52, dated 1971.  This award is not shown on his discharge document.
   
12.  Army Regulation 600-8-22 (Military Awards) 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.
 
13.  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.  

CONCLUSIONS:

1.  The Board considered the applicant’s separation physical examination which indicates the applicant sustained a shrapnel wound to his back in May 1970 in Vietnam.  However, the Board determined that this medical record is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded and did not receive the Purple Heart.

2.  There are no orders for the Purple Heart in the applicant’s service personnel records.  The applicant signed his discharge document on 7 January 1972 attesting to the fact that he was not entitled to award of the Purple Heart.  

3.  The preponderance of evidence in this case shows the applicant was not wounded as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4.  The applicant received the Air Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal.

5.  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 which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, 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.   

6.  The applicant is entitled to the first award of the Good Conduct Medal for the period 16 June 1969 through 7 January 1972 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.

7.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

8.  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 showing that the individual concerned was awarded the Air Medal, the Vietnam Service Medal with three bronze service stars, the first award of the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

BOARD VOTE:  

LLS____  WDP____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Luther L. Santiful___
		        CHAIRPERSON

INDEX

CASE ID	AR2002077203	
SUFFIX		
RECON		
DATE BOARDED	20021217	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.