PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 August 2001
         DOCKET NUMBER: AR2001052551


         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
Mrs. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Ms. June Hajjar		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Ernest W. Lutz, Jr.		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.

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2. The applicant requests award of his third Purple Heart Medal and that his Armed Forces of the United States Report of Transfer or Discharge DD Form 214, be corrected to show award of three Purple Heart Medals.

3. The applicant states in effect, that he was wound while serving in the Republic of Vietnam (RVN) on three separate occasions 7 December 1968, 23 January 1969 and 26 February 1969. He was awarded two Purple Hearts for the
8 December 1968 and 26 February 1969 injuries. He did not receive the Purple Heart for the injury that occurred on 23 January 1969. His DD Form 214, shows only one award of the Purple Heart Medal. The applicant submits a copy of General Orders #54, dated 28 February 1969 and a copy of page 4 of his
Enlisted Qualification Record DA Form 20 in support of his application.

4. The applicant’s military records show that he was inducted into the Regular Army on 24 April 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty
11B40 (Light Weapons Infantryman). The highest pay grade he achieved was pay grade E-5.

5. The applicant arrived in the RVN on or about 18 September 1968. He was assigned to Company C, 1^st Battalion, 5^th Infantry, 25^th Infantry Division, Vietnam.

6. General Orders #8733, dated 10 December 1968, awarded the applicant the Purple Heart for the 7 December 1968, injury. The Western Union Telegram filed in the applicant’s service record notified his parents that he was wounded in action on 7 December 1968. He sustained fragment wounds to his right arm and chest while under attack by hostile forces.

7. The Western Union Telegram filed in the applicant’s service record notified his parents of his 23 January 1969 injury. Also filed in his service record is the Chronological Record of Medical Care (Standard Form 600) dated 23 January 1969, the form shows that the applicant was injured and was treated for an injury that occurred on 23 January 1969, that resulted from hostile action. He received a fragment wound to his right knee. However, there are no orders filed in his service record that shows he was awarded the second Purple Heart for the
23 January 1969 injury.

8. General Orders #53, Headquarters, 12^th Evacuation Hospital, awarded the
Purple Heart for his injury sustained on 26 February 1969. He received a gunshot wound in his back while under attack by hostile forces. General Orders #54, dated 28 February 1969, 12^th Evacuation Hospital amended General Orders #53, to show that the applicant was awarded the Purple Heart w/1 oak leaf cluster.

9. The applicant departed the RVN on or about 7 April 1969. He was reassigned to Company C, 13^th Supply and Service Battalion, Korea. On 23 April 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve. He completed 2 years of creditable active service.

10. The applicant’s DA Form 20, item 40 (Wounds) shows that he was wounded on three separate occasions. The first injury occurring on 7 December 1968, the second occurring on 23 January 1969 and the third injury occurring on 26 February 1969.

11. His DA Form 20, item 41 also shows he was awarded the National Defense Service Medal the Vietnam Service Medal w/2 Bronze Service Stars, the Combat Infantryman Badge, one Purple Heart, the Armed Forces Expeditionary Medal and the Vietnam Campaign Medal w/Device 60.

12. The 1968 – 1969 Vietnam Casualty Roster also confirms that the applicant was wounded and was treated for injuries on three separate occasions as a result of hostile action.

13. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal. His records show that he received excellent conduct and efficiency ratings during his entire period of service. There is no evidence of derogatory information contained in the available records.

14. Army Regulation 600-8-22 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.

15. Army Regulation 600-8-22 provided, in pertinent part, that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and for the first award only, upon termination of service on or after 27 June 1950, or less than
3 years but more than 1 year. At the time, a soldier’s conduct and efficiency rating must have been rated as “excellent” for the entire period of qualifying service.





16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1^st Battalion, 5^th Infantry, 25^th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor for the period 1 January 1966 through 21 January 1970, by the Department of the Army General Orders #51, dated 1971.

CONCLUSIONS:

1. The applicant’s Report of Separation already reflects one award of the Purple Heart Medal. Although there were no orders filed in his service record the Board accepts as documented evidence the Chronological Record of Medical Care (Standard Form 600) and the Western Union Telegram notifying his parents of his 23 January 1968, injury that resulted from hostile action.

2. Although the applicant has stated that he has been awarded the Purple Heart Medal for the 8 December 1968 and the 26 February 1969 injuries, only one award is indicated on his DD Form 214. Therefore, it would be appropriate to amend his DD Form 214, to reflect the second and third award of the Purple Heart Medal.

3. The evidence of record shows that he is entitled to the first award of the Good Conduct Medal for the period 24 April 1968 through 23 April 1970 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.

4. The evidence of record also shows that the applicant was assigned to a unit during a period of time that the unit was awarded the RVN Civil Actions Honor Medal for the period 1 January 1966 through 21 January 1970.

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 awarding the applicant his second Purple Heart Medal and the Army Good Conduct Medal and amending the applicant’s DD Form 214 to show three awards of the Purple Heart, the Army Good Conduct Medal and the Republic of Vietnam Civil Actions Honor Medal.

BOARD VOTE:

__jh____ __mhm___ _ewl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           June Hajjar
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001052551
SUFFIX
RECON
DATE BOARDED	20010801
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.