PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 30 JULY 2002
         DOCKET NUMBER: AR2002067917


         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. Gale J. Thomas		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Ms. Karen A. Heinz		Member
Mr. Thomas Lanyi		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, and reconsideration of his previous request for promotion to pay grade E-5.

3. The applicant states that he was injured in Vietnam from a mortar explosion that hit the left side of his face and ear, for which he received a service connected disability for loss of hearing in his left ear. He also states that while serving in Vietnam his commander told him that he was sending in promotion orders to the Division for his promotion to pay grade E-5, however he never received any notification from the Division. Upon his return to the United States he went before a promotion board for E-5, but never received an answer from that board either. He submits no evidence beyond his self authored statement.

4. Incorporated herein by reference are military records which were summarized in a memorandum AC98-08409, dated 8 July 1998, prepared to reflect the Board's previous consideration of the applicant’s request for promotion to the pay grade E-5. The applicant submits no new evidence in this regard, therefore that portion of the applicant’s request will not be addressed.

5. The applicant was inducted into the Army on 14 April 1967. He served in Vietnam from 28 October 1967 to 22 October 1968 and was separated on
11 April 1969. His April 1969 DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal w/60 Device, two overseas service bars and the Sharpshooter (Rifle) Badge.

6. He reenlisted in the Regular Army on 30 June 1970, for a period of 3 years, and served in Vietnam from 5 August 1970 to 4 August 1971.

7. On 11 February 1972, the applicant was released from active duty and transferred to the United States Army Reserve. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, two overseas service bars, and the Army Commendation Medal with 1^st Oak Leaf Cluster.

8. The applicant’s separation physical examination completed in February 1972 makes no mention of any wounds or injuries sustained as a result of hostile action and makes no reference of a hearing loss.

9. The applicant was assigned to the 85^th Maintenance Company in Vietnam from 2 November 1967 to 14 July 1968, which was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm during the applicant’s period of assignment. He is also entitled to two bronze service stars on the Vietnam Service Medal for his participation in two designed campaigns (Vietnam Counteroffensive-Phase III, and the TET Counteroffensive). By virtue of his assignment with the 67^th Maintenance Company from 15 July 1968 through 20 October 1968 he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and one additional bronze service star on the Vietnam Service Medal for his participation in the Vietnam Counteroffensive-Phase V. This information should be reflected on his April 1969 separation document.

10. The applicant’s assignment with the 1^st Squadron, 1^st Cavalry Regiment in Vietnam from 11 August 1970 to 4 August 1971 entitles him to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and one bronze service star on the Vietnam Service Medal for his participation in the Vietnam Counteroffensive-Phase VII. His February 1972 separation document should reflect these awards.

11. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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. There were no medical records available to the Board or submitted by the applicant. His name was not on the Vietnam Casualty List.

12. Army Regulation 600-8-10 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. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

CONCLUSIONS:

1. There is insufficient evidence to support an award of the Purple Heart. There is no evidence that the applicant has received a service connected disability as a result of any injuries.

2. The applicant completed a qualifying period of service for award of the Good Conduct Medal on 11 April 1969, and the Board finds no basis to deny him the award for the period 14 April 1967 through 11 April 1969.



3. The applicant’s April 1969, separation document should be corrected to show the award of the Good Conduct Medal for the period 14 April 1967 through
11 April 1969, the Meritorious Unit Commendation, two Republic of Vietnam Gallantry Cross Unit Citations with Palm, and three bronze service stars on the Vietnam Service Medal.

4. The applicant’s February 1972, separation document should be corrected to show the award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and an additional bronze service star on the Vietnam Service Medal.

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:

         a. by changing the applicant’s 11 April 1969, DD Form 214 to show he was awarded the Good Conduct Medal for the period 14 April 1967 through
11 April 1969, the award of the Meritorious Unit Commendation, three bronze service stars on the Vietnam Service Medal, and two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and

         b. by changing the applicant’s 11 February 1972, DD From 214 to show
the award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a bronze service star on the Vietnam Service Medal.

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

BOARD VOTE:

__AAO__ __KAH __ __TL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067917
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020730
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.	131.00
3.
4.
5.
6.