PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 January 2002
         DOCKET NUMBER: AR2001065441


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Hubert O. Fry		Member
Mr. Donald P. Hupman		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 correction of his records to show award of the Purple Heart, the Valorous Unit Citation (correctly known as the Valorous Unit Award), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. The applicant states that all the medals he was supposed to receive were omitted. In support of his application, he submitted a request for the National Archives and Records Administration to provide him with the documentation of his Purple Heart, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; a copy of his DD Form 214; a copy of an award certificate for award of the Air Medal; a citation for award of the Air Medal; a copy of an award certificate for award of the Army Commendation Medal; a citation for award of the Army Commendation Medal; and copies of two pages of Standard Form 600 (Chronological Record of Medical Care).

4. The applicant’s military records show that he was inducted on 15 May 1968 and completed training as a supply clerk. He served in Vietnam from 27 June 1969 to 11 April 1970. While in Vietnam, he was awarded the primary military occupational specialty (MOS) of flight operations specialist effective 11 November 1969 and he served in that MOS until his departure from Vietnam. The applicant was honorably separated from active duty on 11 April 1970.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart, the Valorous Unit Award, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

7. The applicant provided two pages of Standard Forms 600 from his service medical records which are highlighted to show specific entries. The first entry is dated 24 July 1969 and shows treatment at the Dispensary of the 123rd Aviation Battalion. The entry states: “Fell & injured R [right] hip on guard duty 4 nights ago.” The second entry also shows treatment at the Dispensary of the 123rd Aviation Battalion on 29 July 1969 as follows: “Cut forehead 27 July 69. Pt. [patient] complains of pain.”

8. The applicant provided a copy of an award certificate for the Air Medal for meritorious achievement for the period 12 August 1969 to 3 April 1970. The applicant’s service personnel records contain Americal Division General Orders Number 3872, dated 14 April 1970, which awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period 12 August 1969 to 3 April 1970.

9. The applicant provided a copy of an award certificate for the Army Commendation Medal for meritorious service from May 1969 to May 1970. There are no orders for award of the Army Commendation Medal in the applicant’s personnel records. However, a transmittal document in the applicant’s records show that he was awarded the Army Commendation Medal by Americal Division General Orders Number 3511, dated 5 April 1970.

10. 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 does not show the 123 Aviation Battalion, to which the applicant was assigned during service in Vietnam, was cited for award of the Valorous Unit Award.

11. Department of the Army Pamphlet 672-3 shows that the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

12. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency was rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

13. 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.

14. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15. Army Regulation 600-8-22 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

2. The Board considered the medical records submitted by the applicant. These records show that the applicant fell and injured his hip while on guard duty and cut his forehead, but there is no determination by competent medical authority that either one of these injuries were the result of hostile action.

3. Based on the foregoing, there is no evidence which is sufficient as a basis for award of the Purple Heart in this case.

4. Orders show the applicant was awarded the Air Medal; therefore, he is entitled to correction of his records to show this award.

5. There are no orders in the applicant’s records which award him the Army Commendation Medal. The Board noted the award certificate for the Army Commendation Medal provided by the applicant and the transmittal document which attests that the applicant was awarded the Army Commendation Medal by Americal Division General Orders Number 3511, dated 5 April 1970. The Board determined that, in the absence of orders, this evidence was sufficient as a basis for correction of the applicant’s records to show award of the Army Commendation Medal.

6. There is no evidence the unit to which the applicant was assigned in Vietnam was cited of award of the Valorous Unit Award; therefore, there is no basis to amend the applicant’s records to show entitlement to the Valorous Unit Award.

7. Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

8. The applicant is entitled to the first award of the Good Conduct Medal for the period 15 May 1968 through 11 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.

9. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Air Medal, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the first award of the Good Conduct Medal for the period 15 May 1968 through 11 April 1970.

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

BOARD VOTE:

___INW__ __HOF__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. Irene N. Wheelwright__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065441
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.