PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002071362


         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. Jennifer L. Prater		Chairperson
Mr. Hubert O. Fry		Member
Ms. Gail J. Wire		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 and the Good Conduct Medal.

3. The applicant states, in effect that he is entitled to these awards. In support of his application, he provided a letter of explanation. In this letter of explanation, he contends that he was hit in the left knee by shrapnel, was treated a corpsman and a doctor at the 349th Field Hospital, and released. He also contends that the 264th Transportation Company received the Meritorious Unit Commendation in April while at Cam Ranh Bay, but that he did not receive it.

4. The applicant’s military records show that he was inducted on 5 April 1966. He served in Vietnam from 10 September 1966 through 3 September 1967. The applicant was honorably separated from active duty on 7 April 1968.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows only award of the National Defense Service Medal, the Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

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). The applicant’s name is not listed on the Vietnam Casualty Roster.

7. Review of the applicant’s records shows that he was eligible for award of the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These awards are not shown on the applicant’s DD Form 214.

8. There is no evidence the applicant was assigned to a unit which was cited for award of the Meritorious Unit Commendation.

9. 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. There is evidence of indiscipline in the applicant’s records; however, his records also show his conduct and efficiency was rated as “excellent” throughout his service.

10. Army Regulation 600-8-22 (Military Awards) 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.
11. 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.

12. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation. The regulation also states that authorized bronze service stars will be worn on the appropriate service medal which in this case is the Vietnam Service Medal. Review of Appendix B shows that the applicant participated in the following campaigns: the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III.

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 that the applicant’s unit of assignment in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 8, dated 1974.

14. Department of the Army Pamphlet 672-3 does not show the 264th Transportation Company was cited for award of the Meritorious Unit Commendation during the period of the applicant’s assignment to that unit.

CONCLUSIONS:

1. There are no General Orders which show the applicant was awarded the Purple Heart. There also 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. In the absence of official documentation which shows that the applicant was wounded or treated for wounds as a result of hostile action in Vietnam, there is insufficient evidence upon which to base award of the Purple Heart in this case.

2. The Board noted that the applicant’s records showed evidence of minor disciplinary infractions. However, the Board also noted that his chains of command consistently rated his performance and conduct as “excellent” throughout his service. In view of this latter fact, the Board determined that the applicant’s overall performance and conduct warranted award of the Good Conduct Medal in this case. As a result, he is entitled to the first award of the Good Conduct Medal for the period 5 April 1966 through 7 April 1968 based on completion of a period of qualifying service ending with termination of Federal military service and correction of his records to show this award.
3. Appendix B of Army Regulation 600-8-22 shows the applicant is entitled to two bronze service stars to be worn on his Vietnam Service Medal; therefore, he is entitled to correction of his records to show award of the Vietnam Service Medal with two bronze service stars.

4. 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.

5. There are no orders which show that the 264th Transportation Company was awarded the Meritorious Unit Commendation while the applicant was assigned to it from 10 September 1966 through 3 September 1967. Therefore, there is no basis for amending the applicant’s records to show this unit award.

6. 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 first award of the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation

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

BOARD VOTE:

__GJW__ __HOF__ __JLP___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Ms. Jennifer L. Prater_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071362
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020723
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.