PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 July 2002
         DOCKET NUMBER: AR2002072678


         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:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas Lanyi		Member
Ms. Karen A. Heinz		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 that he sustained a shrapnel wounded to the right knee in the Spring of 1971, possibly the “end of April or First of May.” He further states that he was transported to the 483rd Evacuation Hospital at “Long Bien” and that the Purple Heart was never awarded to him.

4. The applicant’s military records show that he entered active duty on 14 July 1969. He served in Vietnam from 12 December 1969 through 13 February 1972 and was honorably separated from active duty on 13 February 1972.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart 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 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. The applicant’s name is not listed on the Vietnam Casualty Roster.

7. The applicant’s 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).

8. The applicant’s separation medical examination, dated 13 February 1972, does not show any wounds or injuries or scars consistent with shrapnel wounds or that he was treated for any wounds or injuries.

9. Review of the applicant’s records reveals that he was eligible for the first award of the Good Conduct Medal, one silver service star to be worn on his Vietnam Service Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These awards are not shown on the applicant’s DD Form 214.

10. 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.

11. Review of appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in five campaigns during his service in Vietnam: Vietnam Winter-Spring 1970; DA Sanctuary Counteroffensive; Vietnam Counteroffensive Phase VII; Consolidation I; and Consolidation II.

12. 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.

13. 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.

14. 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 which in this case is the Vietnam Service Medal.

15. Army Regulation 600-8-22 also provides that a silver service star is authorized for wear on the appropriate service medal in lieu of five bronze service stars.

16. 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, at the time of the applicant’s assignment to the 102nd Engineer Company, it was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1970 to 31 May 1971 by Department of the Army General Orders Number 43, dated 1972.

17. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 102nd Engineer Company, 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 8, dated 1974.

18. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 102nd Engineer Company, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 6, dated 1974.




CONCLUSIONS:

1. The Board considered the applicant’s request for award of the Purple Heart.

2. 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. His separation medical examination does not show any indication of wounds, injuries or scars consistent with shrapnel wounds.

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

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 14 July 1969 through 13 February 1972 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.

5. Army regulation 600-8-22 shows that the applicant participated in five campaigns during his service in Vietnam. Therefore, he is entitled to one silver service star to be worn on his Vietnam Service Medal and correction of his records to show the Vietnam Service Medal with one silver service star.

6. Orders show the applicant was awarded the Meritorious Unit Commendation; therefore, he is entitled to correction of his records to show this unit award.

7. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these foreign unit awards.

8. 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 for the period 14 July 1969 through 13 February 1972, the Vietnam Service Medal with one silver service star, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

__KAH__ __AAO___ __TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072678
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	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.