PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 May 2002
         DOCKET NUMBER: AR2001063127


         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:

Mr. Fred N. Eichorn		Chairperson
Mr. Roger W. Able		Member
Ms. Paula Mokulis		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 the Purple Heart.

3. The applicant states, in effect, that he was wounded in action while serving in the Republic of Vietnam. He was not awarded the Purple Heart for his injury.

4. The applicant’s military records show that he was inducted into the Army on 27 September 1966 for 2 years. He completed the required training and was awarded military occupational specialty 11B4P (Light Weapons Infantryman). The highest pay grade he achieved was pay grade E-5.

5. The applicant arrived in the Republic of Vietnam on or about 1 December 1967. He was assigned to Company D, 2^nd Battalion (Airborne), 506^th Infantry as a rifleman.

6. There are no orders in the applicant’s service personnel record, which show that he was awarded the Purple Heart. There also is no evidence in his record that shows he was wounded or was treated for a wound as a result of hostile action.

7. The applicant’s name does not appear on the 1967-1968 Vietnam Casualty Roster. His medical records are not available for review. The applicant’s Enlisted Qualification Record (DA Form 20) does not show an entry in item
40 (Wounds).

8. The applicant’s record shows that he served in the Republic of Vietnam from 1 December 1967 through 14 September 1968 serving through four campaigns – Vietnam Counteroffensive, Phase III from 1 June 1967 through 29 January 1968; Tet Counteroffensive from 30 January 1968 through 1 April 1968; Vietnam Counteroffensive, Phase IV from 2 April 1968 through 30 June 1968 and Vietnam Counteroffensive, Phase V from 1 July 1968 through 1 November 1968.

9. There is no indication in the applicant’s personnel record that shows he was awarded the Army Good Conduct Medal. There is no evidence that the applicant was disqualified by his unit commander for the Army Good Conduct Medal. His record shows 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 record.

10. The applicant departed the Republic of Vietnam on or about 14 September 1968. On 19 September 1968, the applicant was honorably released from active duty and transferred to United States Army Reserve. He completed 1 year,
11 months and 23 days of creditable active service. His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge and the Sharpshooter Badge (Rifle M-14 and M-16). It does not show the award of the Purple Heart.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company D, 2^nd Battalion, 506^th Infantry was awarded the Presidential Unit Citation for the period 13 June through
23 September 1968 by Department of the Army Order (DAGO) #38, 1971, the Meritorious Unit Commendation for the period 14 March through 3 October
1968, by DAGO #22, 1976 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 31 January through 3 February 1968, by DAGO #24, 1972.

12. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. The evidence of record also shows that the applicant participated in four campaigns during his assignment in Vietnam. His participation in four campaigns entitled him to the award of four bronze service stars. However, the awards of the four bronze service stars are not reflected on his DD Form 214.

13. General Orders #10647, dated 13 December 1968, from Headquarters, 101^st Airborne Division, Vietnam, filed in the applicant’s service record awarded him the Air Medal effective 18 May 1968, for meritorious achievement. However, this award is not listed on the applicant’s DD Form 214.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

15. Army Regulation 600-8-22 provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.







CONCLUSIONS:

1. There is no evidence of record, nor has the applicant provided any evidence, which shows that he was wounded or treated for a wound as a result of hostile action. Therefore, without official substantiating evidence the applicant is not entitled to award of the Purple Heart. However, if the applicant can provide substantiating evidence that shows he was wounded/treated as a result of hostile action he may reapply.

2. The evidence of record shows that the applicant met the regulatory requirements and was eligible to receive the Army Good Conduct Medal for the period 27 September 1966 through 19 September 1968.

3. The evidence of record shows that General Orders #10647, dated
13 December 1968, awarded the applicant the Air Medal. Therefore, he is entitled to correction of his DD Form 214 to reflect this award.

4. The evidence of record shows that the applicant was assigned to a unit during a period of time that the unit was awarded the Presidential Unit Citation, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The evidence of record also shows that the applicant served in the Republic of Vietnam during four campaigns, entitling him to wear four bronze service stars with the Vietnam Service Medal. Therefore, it would be appropriate to amend his DD Form 214 to show these awards.

5. 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 individual concerned the Army Good Conduct Medal for the period 27 September 1966 through 19 September 1968.

2. That the applicant’s DD Form 214 be amended to show the Army Good Conduct Medal, the Air Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with four bronze service stars.






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

BOARD VOTE:


__fne___ __rwa___ __pm____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001063127
SUFFIX
RECON
DATE BOARDED	20020516
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.