PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002073346


         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.

---

2. The applicant requests award of the Purple Heart.

3. The applicant states that he earned the Purple Heart near Dak To in the Spring of 1968. He contends that he was struck by shrapnel from a grenade near the “belly button.” The applicant further contends that officers from the base camp informed him that he had earned the Purple Heart and wanted to do the paper work for this award. The applicant claims that he turned down the Purple Heart because he “had seen so many serious wounds by his fellow soldiers that [he] felt [his] very minor wound did not merit such an outstanding award.” He further states that the only reason he has changed his mind about this award after 34 years is because he now has grandchildren and believes this medal would be special to them and that he “legitimatly (sic) earned this medal.”

4. The applicant’s military records show that he was inducted on 6 March 1967 and completed training as an infantry indirect fire crewman (11C). He served in Vietnam from 18 August 1967 through 1 September 1968. The applicant was honorably separated from active duty on 5 March 1969.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which is authenticated in his own hand, does not show the Purple Heart as an authorized award.

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 separation medical examination, dated 26 February 2002, does not list any wounds or injuries as a result of hostile action. The applicant’s name does not appear on the Vietnam Casualty Roster.

7. The applicant’s records contain an undated letter to the Army Reserve Personnel Center. This letter states in pertinent part:

         “From what I can recall we were on maneuvers in the spring of 68 [1968]. We were in a field practicing with our M-16’s [M-16 Rifle] and Grenades when I caught a piece of shrapnel in the stomack (sic). The piece of shrapnel was about the size of your little finger nail and lodged about ½ in, right next to my belly button. They called a medic over, he laid me out and after some medication pulled it out with a pair of tweezers.”

8. The applicant’s records contain a 12 June 2001 letter from the National Personnel Records Center in response to the applicant’s undated letter. The letter from the National Personnel Records Center stated essentially that a search of official military records failed to produce any evidence that the applicant received any wounds as a result of hostile action and that, in the absence of such evidence, a Purple Heart cannot be authorized.

9. Review of the applicant’s records revealed entitlement to the first award of the Good Conduct Medal, 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. 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 3rd Battalion, 12th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 3, dated 1970 and award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 53, dated 1970.

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.

CONCLUSIONS:

1. There are no orders which authorize the applicant award of the Purple Heart. There is no evidence of record which shows that he was wounded or treated for wounds as a result of hostile action.

2. A letter in the applicant’s own hand to the Army Reserve Personnel Center states that the applicant was accidentally wounded during “maneuvers” in a field “practicing with our M-16’s [M-16 Rifle] and Grenades.”
3. Based on the foregoing, the Board determined that there was insufficient evidence in this case upon which to base award of the Purple Heart.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 6 March 1967 through 5 March 1969 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.

5. Orders shows that 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 unit awards.

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 Good Conduct Medal for the period 6 March 1967 through 5 March 1969, 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:

__GJW__ __HOF__ __JLP___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. Jennifer L. Prater_
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002073346
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.