PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 JANUARY 2003                  
	DOCKET NUMBER:   AR2002077557

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Tracey L. Pinson		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 his records be corrected by awarding him the Purple Heart.

3.  The applicant states that he was wounded in Vietnam in May 1968 and was never awarded the Purple Heart.  In support of his request he submits copies of his medical records describing his wound, a letter from another soldier attesting to the circumstances of his injury, a photo of himself taken after he was wounded, and his DD Form 214 indicating he received the Combat Infantryman Badge (CIB). 

4.  The applicant’s military records show that he was inducted in to the Army of the United States on 12 July 1967, for a period of 2 years.  He successfully completed basic training at Fort Bragg, North Carolina, and advanced individual training at Fort Polk, Louisiana.

5.  He served in Vietnam from January 1968 to January 1969.

6.  The applicant’s 1969 separation physical indicates he received a shrapnel fragment wound to the right jaw.  There are no additional medical files in his available records, and no other information concerning his injury. 

7.  The applicant was discharged on 11 July 1969, under the provisions of Army Regulation 635-200, for expiration term of service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he had 
2 years of creditable service, and had been awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal, and two overseas bars.

8.  The applicant’s name is not among those listed as combat casualties during the Vietnam War.

9.  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.

10.  Army Regulation 600-8-10 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.  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 Good Conduct Medal.

11.  By virtue of his service in Vietnam he is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and 4 bronze service stars on his Vietnam Service Medal reflecting his participation in 4 campaigns (Vietnam Counteroffensive Phase III, Phase IV, and Phase V, and the TET Counteroffensive).

CONCLUSIONS:

1.  There is no evidence to justify award of the Purple Heart.  While there is evidence that the applicant was treated for a shrapnel wound, there is no evidence of record that his wound was incurred as a result of enemy action.

2.  By virtue of his service in Vietnam he is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit CItation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and 4 bronze service stars on his Vietnam Service Medal reflecting his participation in 4 campaigns (Vietnam Counteroffensive Phase III, Phase IV, and Phase V, and the TET Counteroffensive).  The applicant’s records should be corrected to reflect these awards.

3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 11 July 1969.  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 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 12 July 1967 through 
11 July 1969.  

4.  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 applicant: 

a.  the Good Conduct Medal for the period 12 July 1967 through 11 July 1969, and 

b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation , the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and 
4 bronze service stars on his Vietnam Service Medal.  

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

BOARD VOTE:  

__KAK __  __MHM__  __TLP __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Karol A. Kennedy____
		        CHAIRPERSON

INDEX

CASE ID	AR2002077557	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030128	
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.