PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 JANUARY 2003   
	DOCKET NUMBER:   AR2002078064

	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:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Yalonda Maldonado		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 deserves the Purple Heart for a wound he received while stationed in Vietnam, which was treated at the 12th Evacuation  Hospital.  In support of his request the applicant submits a copy of his medical treatment at the emergency room at the 12th Evacuation Hospital.  

4.  The applicant’s military records show that on 12 October 1967, he was inducted into the Army of the United States for a period of 2 years.  He served in Vietnam from March 1968 to March 1969.

5.  Medical service records indicate that on 5 December 1968 he was treated at the 12th Evacuation Hospital for a minor fragment wound of the right parietal area and returned to his unit.  The source of the wound is not identified.  

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

7.  On 12 September 1969, his separation physical cleared him for separation.

8.  On 10 October 1969, he was honorably discharged 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 was awarded the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.

9.  In June 1971, the Department of Veterans Affairs established service connected disability for residual shell fragment wound of the right parietal, which was non compensable in degree, however based upon sound and accepted medical principles and with reasonable doubt in favor of the applicant, his condition was rated at more that 0 percent but less than10 percent.

10.  In October 1984, the applicant applied to this Board for award of the Purple Heart.  His request was forwarded to Awards Branch at the U.S. Total Personnel Command, formerly the Military Personnel Center (MILPERCEN) who had the authority to administratively correct his records.  In an attempt to correct his records Awards Branch wrote to the applicant requesting evidence he might have which would establish his eligibility for the award, however no response was received.  This Board then denied the applicant’s request informing him that he had not exhausted his available administrative remedies.  

11.  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.

12.  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.

13.  By virtue of his service in Vietnam he is entitled to the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal, 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 IV, Phase V, Phase VI, and 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 superficial shrapnel wound, there is no evidence of record that his wound was incurred as a result of enemy actions.

2.  By virtue of his service in Vietnam he is should be awarded the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal, 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 IV, Phase V, Phase VI, and TET Counteroffensive).

3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 10 October 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 October 1967 through 
10 October 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 the Army Good Conduct Medal for the period 12 October 1967 through 10 October 1969, the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal, 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:  

__WTM__  __CJP __  ___YM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2002078064	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030130	
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.