PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2001064043


         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
Ms. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Elzey J. Arledge		Member
Mr. Richard T. Dunbar		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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH).

3. The applicant states that he was hospitalized in Bien Hoa in the Republic of Vietnam (RVN) for 13 days due to a throat wound that he sustained as a result of an explosion. He adds that Department of Veterans Affairs (VA) medical records will support his claim.

4. The applicant’s military records show that he was inducted into the Army of the United States on 7 February 1966. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 12C (Bridge Specialist). He was assigned to Fort Riley, Kansas, on 24 June 1966 and he served there until he was assigned to the RVN. He served in the RVN from
1 October 1966-7 September 1967 with Company E, 15^th Engineer Battalion.

5. The applicant's DA Form 20 (Enlisted Qualification Record) reflects "None" in Item 40 (Wounds). His name is not listed on the RVN casualty list and no veteran's medical records are available.

6. The applicant received a physical evaluation prior to being separated. His Standard Form 88 (Report of Medical Examination), dated 8 June 1968, found him qualified for separation and failed to note any wounds or injuries incurred due to hostile action.

7. On 6 February 1968, the applicant was honorably separated and transferred to the United States Army Reserve, St. Louis. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, and the Sharpshooter Badge (M14 Rifle).

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 states, in pertinent part, that the 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. 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. There is no evidence of derogatory information in the applicant's records, nor is there any evidence to show that he was disqualified by his unit commander for award of the Good Conduct Medal (GCMDL).

10. 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 following campaigns: Vietnam Counteroffensive, Phase II; and Vietnam Counteroffensive, Phase III.

11. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

12. 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 that the applicant's unit was cited for award of the RVN 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; and the RVN 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. The applicant's DD Form 214 does not show these awards as authorized awards because they were awarded to his unit after he had been discharged.






CONCLUSIONS:

1. To be awarded the PH, the applicant would have to show that he was wounded and 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. There is no such substantiating proof in the record, nor has the applicant provided any that show he was ever wounded as a result of hostile action. Therefore, no basis has been established for award of the PH.

2. However, based upon the available evidence, the applicant's record should be corrected to show the following awards.

         a. The Board accepts that the applicant is authorized award of the GCMDL for his period from 7 February 1966 through 6 February 1968, because there is no evidence of any misconduct in the applicant's record, nor is there evidence that his unit commander ever sought to deny him the award.

         b. He is authorized award of two BSS's for wear on his VSM in view of the fact that he participated in two campaigns while in the RVN.

         c. He is authorized award of two OSB's because he spent 12 months (or parts thereof) in the RVN.

         d. He is also authorized award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, First Class Unit Citation, due to the fact that, he was a member of the 15th Engineer Battalion when that unit was cited for these awards.

3. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected issuing the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 24 that he was awarded the GCMDL, two BSS's for wear on the VSM, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, First Class Unit Citation, and two Overseas Service Bars.






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

BOARD VOTE:

_MKP___ __EJA___ __RTD__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Margaret K. Patterson_
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064043
SUFFIX
RECON
DATE BOARDED	20020411
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19680206
DISCHARGE AUTHORITY	AR635-200
DISCHARGE REASON
BOARD DECISION	(PARTIAL GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0056
3.	107.0079
4.
5.
6.