PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 December 2002
         DOCKET NUMBER: AR2002074829


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Conrad V. Meyer		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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and the Army Commendation Medal with “V” Device.

3. The applicant states, in effect, that his DD Form 214 does not show the Purple Heart or the Army Commendation Medal with “V” Device. He contends that his award certificate for the Purple Heart is dated 8 January 1968 for a wound suffered on 5 January 1968. He also contends that he was awarded the Army Commendation Medal with “V” Device for actions on 12 May 1968 in Vietnam. In support of his application, he submits a copy of his DD Form 214; an award certificate for the Purple Heart; an award certificate for the Army Commendation Medal with “V” Device; and orders, dated 9 August 1968, for the Army Commendation Medal with “V” Device.

4. The applicant’s military records show that he was inducted on 2 December 1966. He served as a light weapons infantryman in Vietnam from 19 May 1967 through 30 August 1968 and was honorably released from active duty on
4 September 1968.

5. The applicant’s DD Form 214 does not show the Purple Heart or the Army Commendation Medal with “V” Device as authorized awards.

6. Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he sustained a gunshot wound to his left hand on 6 January 1968. The Vietnam Casualty Roster also shows the applicant was wounded in action on 6 January 1968.

7. In support of his claim for award of the Purple Heart, the applicant provided an award certificate, dated 8 January 1968, for the Purple Heart.

8. There are no unit or hospital orders authorizing award of the Purple Heart for wounds received in action on 6 January 1968 in Vietnam in the applicant’s service personnel records. However, his records do contain orders from the 85th Evacuation Hospital revoking an award of the Purple Heart which was issued from that hospital.

9. Headquarters Americal Division General Orders Number 5356, dated
9 August 1968, show the applicant was awarded the Army Commendation Medal with “V” Device for heroism on 12 May 1968 in Vietnam.

10. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.
11. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in five campaigns during his assignment in Vietnam.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 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 8, dated 1974. This award is not shown on his discharge document.

13. 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.

14. 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.

15. 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. This regulation also states that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1. There are no unit or hospital orders authorizing award of the Purple Heart to the applicant for wounds received in action on 6 January 1968.

2. The Board noted the 85th Evacuation Hospital orders revoking an award of the Purple Heart for wounds received in action on 6 January 1968. However, the Board concluded that it was reasonable to assume that the applicant’s unit must have awarded him the Purple Heart for wounds received in action on 6 January 1968 and the 85th Evacuation Hospital also awarded him the Purple Heart for the same wounds received in action on 6 January 1968. When the 85th Evacuation Hospital discovered the two awards of the Purple Heart for the same wounding, they issued orders revoking their award of the Purple Heart.



3. The preponderance of evidence in this case shows the applicant was wounded in action on 6 January 1968 in Vietnam and is entitled to award of the Purple Heart. Based on the foregoing, the Board determined that there was sufficient evidence on which to base an award of the Purple Heart in this case.

4. The applicant received the Army Commendation Medal with “V” Device; therefore, he is entitled to correction of his DD Form 214 to show this medal.

5. The applicant is entitled to the first award of the Good Conduct Medal for the period 2 December 1966 through 4 September 1968 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 DD Form 214 to show this award.

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

7. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

8. 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 by showing that the individual concerned was awarded the Purple Heart for wounds received in action on 6 January 1968, the Army Commendation Medal with “V” Device, the first award of the Good Conduct Medal, the Vietnam Service Medal with one silver service star 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:

CLA____ TSK_____ CVM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Celia L. Adolphi____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002074829
SUFFIX
RECON
DATE BOARDED	20021210
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.