PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 18 April 2001
         DOCKET NUMBER: AR2001060439


         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. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Ronald E. Blakely		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, in effect, that he be awarded the Purple Heart.

3. The applicant states, in effect, that he was wounded in December 1965 and that the Department of Veterans Affairs (VA) hospital in Fayetteville, North Carolina removed fragments from his left testicle, left wrist and face.

4. The applicant’s military records show that he enlisted on 23 November 1964, completed training as an infantryman and was awarded the Sharpshooter Qualification Badge with Rifle Bar. He subsequently completed basic parachute training and was awarded the Parachutist Badge.

5. The applicant served in Vietnam, from 30 May 1965 to 11 May 1966, with C Company, 2^nd Battalion (Airborne), 503^rd Infantry where he was awarded the Combat Infantryman Badge.

6. He returned to the United States and was stationed at Fort Bragg, North Carolina where he was reduced to pay grade E-2 by nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice. His offense was a 3-day period of absence without leave. His efficiency ratings were all excellent throughout his period of service.

7. He subsequently advanced to pay grade E-4 and was separated from active duty on 25 November 1967 with an honorable characterization of service. His DD Form 214 (Report of Transfer or Discharge), which he signed as the person being separated, lists his authorized awards as the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge and the Parachutist Badge.

8. The applicant’s DA Form 20 (Enlisted Qualification Record does not list the Purple Heart as an authorized award in Block 41 and Block 40 (wounds) is blank.

9. There are no available medical records, however, the Report of Medical History prepared for the applicant’s separation medical examination contains a typed entry that reads, “Multiple Fragment wounds received in Viet Nam in December 1965.” Block 29 (Physician’s Summary and Elaboration of All Pertinent Data) contains a handwritten entry that reads “Wounds RVN 1965-no sequelae.” Department of Veterans Affairs (VA) medical records show that in December 1969 the applicant underwent surgery for the removal of metal fragments from his left testicle. The VA records reflect that the applicant’s service medical records showed multiple fragment wounds sustained in Vietnam.

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10. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

13. The regulation also provides that the Meritorious Unit Commendation is awarded for outstanding wartime service of at least 6 continuous months.
Stateside units and those outside the area of operations are excluded.

14. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: the Vietnam Advisory Campaign commencing 15 March 1962 and ending on 7 March 1965; the Vietnam Defense Campaign ending 24 December 1965; and Vietnam Counteroffensive, ending 30 June 1966. Bronze service stars, based on qualifying service, for each designated campaign or campaign period listed in Appendix B of the regulation will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

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15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the 2^nd Battalion (Airborne), 503^rd Infantry was cited for award of the Presidential Unit Citation for its performance on 16 May 1966 and the Meritorious Unit Commendation for the period 25 May 1965 to 4 May 1967.

16. Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March
1973.

17. Army Regulation 600-8-22 also provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

CONCLUSIONS:

1. Medical records show that the applicant was treated for multiple fragment wounds sustained in action in Vietnam in December 1965. He is entitled to the Purple Heart.

2. The applicant distinguished himself by conduct, efficiency and fidelity during his qualifying period of active duty enlisted service and he is entitled to an award of the Good Conduct Medal for the period from 23 November 1964 through 22 November 1967.

3. The applicant is entitled to several other awards that are not listed on his DD Form 214, which include: three bronze service stars for wear on the Vietnam Service Medal, the National Defense Service Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Sharpshooter Qualification Badge with Rifle Bar.

4. In view of the foregoing findings and conclusions correcting the applicant’s records as recommended below would rectify an injustice and correct errors.

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by:

         a. awarding the individual concerned the Purple Heart for wounds sustained in action in Vietnam in December 1965;

         b. awarding him the Good Conduct Medal for the period from 23 November 1964 through 22 November 1967 and;

         c. showing that his authorized awards also include three bronze service stars for wear on the Vietnam Service Medal, the National Defense Service Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Sharpshooter Qualification Badge with Rifle Bar.

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

BOARD VOTE:

__FNE___ __BJE__ __REB___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Fred N. Eichorn____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001066439
SUFFIX
RECON
DATE BOARDED	20020418
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.