PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           6 February 2003                  
	DOCKET NUMBER:   AR2002077721

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Eloise C. Prendergast		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 Purple Heart (PH) be added to his separation document.

3.  The applicant states he was awarded the PH, but it does not show up on his military records.

4.  In support of his request he submits a newspaper article which states he was awarded the PH.

5.  The applicant’s military records show that he was inducted and entered on active duty on 16 December 1966.  He was awarded the military occupational specialty of infantryman and was promoted to pay grade E-5.  He served in Vietnam from 23 June 1967 to 20 June 1968.

6.  On 23 March 1968, the applicant was treated for a ruptured eardrum.  In the treatment record it was stated that the patient was, “involved in mine explosion of [armored personnel carrier] 2 days ago.”

7.  On 1 April 1968, the applicant was awarded the Bronze Star Medal (BSM) for valor.  In the BSM orders it was stated that the applicant’s APC received a direct hit from an enemy rocket propelled grenade resulting in the vehicle bursting into flames.

8.  The applicant was honorably released from active duty on 13 December 1968.  His separation document shows that he was awarded the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, the Combat Infantryman Badge, and marksmanship qualification badges.

9.  The applicant was awarded the first oak leaf cluster to his BSM on General Orders Number 5468 dated 14 June 1968.

10.  Army Regulation 600-8-22 provides that the PH 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.

11.  Army Regulation 600-8-22 also 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  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.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Register) indicates that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm.

13.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit was awarded the RVN Civil Actions Honor Medal, FC, for a period which included the dates the applicant was assigned to that unit.  

CONCLUSIONS:

1.  A direct hit from a rocket propelled grenade on an APC would certainly cause a ruptured eardrum.

2.  Since a ruptured eardrum is a wound, the applicant is entitled to the PH.

3.  While not requested by the applicant, the Board considered whether he should have been awarded the Good Conduct Medal.  In that regard, the applicant has an exemplary service record, being promoted to noncommissioned officer in less than 2 years and being awarded a valorous award, and has no record of any disciplinary actions being taken against him.  As such, it would appear that he should have been awarded the Good Conduct Medal.

4.  Also, the applicant is entitled to the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm and the RVN Civil Actions Honor Medal, FC, and to have those awards, along with his BSM with oak leaf cluster, added to his separation document.

5.  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:

	a.  awarding to the individual concerned the PH;

	b.  awarding him the Good Conduct Medal for the period 16 December 1966 through 13 December 1968;

	c.  awarding him the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the RVN Civil Actions Honor Medal, FC; and

	d.  adding these awards, along with his BSM for Valor with oak leaf cluster, to his separation document.

BOARD VOTE:  

__fne____  ___ecp__  ___jea__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Fred N. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR2002077721	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020206	
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.