PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 July 2002
         DOCKET NUMBER: AR2002071654


         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. Victoria A. Donaldson		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Mr. Kenneth W. Lapin		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 award of the Purple Heart.

3. The applicant states, in effect, that he is eligible for award of the Purple Heart because of severe hearing loss and tinnitus as a result of mortar round explosion.

4. The applicant’s military records show that entered active duty on
13 September 1967. He served in Vietnam 16 March 1968 to 18 February 1969 as a member of the 1st Battalion of the 5th Artillery that is a subordinate unit of the 1st Infantry Division. He was honorably separated from active duty on
12 September 1969.

5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6. There are no orders in the applicant's service personnel records that support award of the Purple Heart to the applicant. There is also no evidence in his records that show he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show an 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. The Board noted that the applicant was eligible for award of the Good Conduct Medal. 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.

8. The Board also noted that the applicant was eligible for award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with four bronze service stars that are not shown on his discharge document.

9. The applicant's records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 9 August 1995, that shows he was authorized award of the Good Conduct Medal, the Meritorious Unit Commendation, and the Vietnam Service Medal with four bronze service stars. However, there is no evidence that the applicant's DD 214 was ever amended to show these awards.

10. Evidence of records contain a 9 August 1995 memorandum from the United States Army Reserve Personnel Center that states the applicant was entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. However, there is no evidence that the applicant's DD 214 was ever amended to show these awards.

11. 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.

12. 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.

13. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War. This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 16 March 1968 to 18 February 1969 by Department of the Army General Orders Number 39, dated 1970.

15. Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to 1st Battalion, 5th Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 21, dated 1970.

16. Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

17. 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 and states that authorized bronze service stars will be worn on the appropriate service medal.

18. Army Regulation 600-8-22,Table B-1, shows the applicant participated in the following campaigns during his service in Vietnam; the TET Counteroffensive; the Vietnam Counteroffensive Phase IV; the Vietnam Counteroffensive Phase V; and the Vietnam Counteroffensive Phase VI.

CONCLUSIONS:

1. The Board considered the applicant's contentions that he should be awarded the Purple Heart for severe hearing loss and tinnitus as a result of a mortar round explosion.

2. There are no orders that show the applicant was awarded the Purple Heart.

3. There is no evidence that the applicant was wounded or treated for wounds as a result of hostile action.

4. In the absence of evidence that the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

5. The applicant is entitled to the first award of the Good Conduct Medal for the period 13 September 1967 through 12 September 1969 based on completion of a period of qualifying service ending with termination of Federal military service. Therefore, he is entitled to correction of his records to show this award.

6. The applicant is entitled to award of the Meritorious Unit Commendation for actions during the period 16 March 1968 to 18 February 1969 by Department of the Army General Orders Number 39, dated 1970. Therefore, he is entitled to correction of his records to show this unit award.

7. The applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1970. Therefore, he is entitled to correction of his records to show this foreign unit award.

8. The applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970. Therefore, he is entitled to correction of his records to show this foreign unit award.

9. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show award of the Vietnam Service Medal with four bronze service stars.

10. 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 Good Conduct Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with four bronze service stars.

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

BOARD VOTE:

___RVO__ __KWL___ _RTD GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071654
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020725
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.	107.0015.0000
2.
3.
4.
5.
6.