PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001063074


         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. Carolyn G. Wade		Analyst

The following members, a quorum, were present:

Ms. Shirley L. Powell		Chairperson
Mr. Stanley Kelley		Member
Mr. Elzey J. Arledge		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to include the award of the Purple Heart (PH). Based on this request, the Board will consider all other awards to which he may be entitled, but did not receive.

3. The applicant states that his award of the PH was omitted from his DD Form 214.

4. In support of his application, the applicant submitted a copy of the certificate awarding him the PH for wounds received in action in the Republic of Vietnam on 29 November 1967, a copy his DD Form 214, and a copy of the Western Union telegram to his parents informing them of his wounding.

5. The applicant’s military records show that he was inducted into the Army of the United States on 17 May 1967 for a period of 2 years. Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was assigned to the Republic of Vietnam.

6. On 1 November 1967, the applicant was assigned to Company A, 4^th Battalion, 47^th Infantry Regiment, 9^th Infantry Division. On 29 November 1967, the applicant was slightly wounded as a result of hostile fire. He was evacuated to the 249^th General Hospital and later transferred to Fitzsimons General Hospital, Denver, Colorado, for further recuperation. On 10 July 1968, following his release from the hospital, the applicant was assigned to Fort Riley, Kansas.

7. On 16 May 1969, the applicant was released from active duty under the provisions of Army Regulation 635-200 by reason of expiration of term of service and transferred to the United States Army Reserve after completing 2 years of active service. His DD Form 214 credits him with the following awards: National Defense Service Medal, Vietnam Service Medal (VSM), Combat Infantryman Badge, Marksman Badge (Rifle), and Expert Badge (Machine Gun).

8. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

---

9. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH). It stated that soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment. For wounded soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.

10. AR 600-8-22 provides that the Good Conduct Medal (GCMDL) 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.

11. AR 600-8-22, in pertinent part, authorizes award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. The applicant participated in the campaign known as Vietnam Counteroffensive, Phase III. He is entitled to one BSS for his Vietnam Service Medal.

12. AR 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM). The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969. It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969.

---

CONCLUSIONS:

1. The applicant submitted a copy of his PH Certificate awarding him the PH for wounds received in action in the Republic of Vietnam on 29 November 1967. He also submitted a copy of the Western Union telegram that his parents received from Department of the Army informing them of his wounding.

2. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he arrived in Vietnam on 23 October 1967 and was assigned to Company A, 4^th Battalion, 47^th Infantry Regiment, 9^th Infantry Division on 1 November 1967. It also shows that, on 29 December 1967, he was a patient in the 249th General Hospital in Japan. In January 1968, he was a patient in Fitzsimons General Hospital, Denver.

3. The Board accepts the applicant’s evidence and the evidence of record as proof that he was wounded in Vietnam and that he is entitled to the PH.

4. The record proves that the applicant is also entitled to the GCMDL for the period of service from 17 May 1967 thru 16 May 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, the VCM, and one BSS for his VSM.

5. In view of the foregoing, his records should be corrected as recommended below.

---

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, (Correction to DD Form 214) showing the award of the PH, the GCMDL, one BSS for his VSM, the VCM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

BOARD VOTE:

_SLP____ ___SK__ ___EJA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001060374
SUFFIX
RECON
DATE BOARDED	20020319
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19690516
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT
REVIEW AUTHORITY	DASA
ISSUES 1.	107.0015
2.
3.
4.
5.
6.