| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Mr. Curtis L. Greenway | Member | ||
| Ms. Mae M. Bullock | Member |
2. The applicant requests that he be awarded the Purple Heart.
3. The applicant states, in effect, that he should be awarded the Purple Heart for his loss of hearing that occurred on 18 and 19 May 1968 when the Viet Cong blew up Camp Evans. He further states that he was in his bunker when the explosion occurred and he was thrown to the ceiling. He also states that he was hospitalized for the injury and is now receiving disability compensation for a 70% loss of hearing from the Department of Veterans Affairs (VA). However, he never received a Purple Heart for his injuries.
4. The applicant’s military records show that he was inducted in Louisville, Kentucky, on 1 August 1967. He successfully completed his training and was transferred to Vietnam on 21 December 1967. He was assigned to C Battery, 1st Battalion, 30th Artillery, and was attached to the 1st Air Cavalry Division, for duty as a cannoneer. He was advanced to the pay grade of E-4 on 22 May 1968.
5. He completed his tour in Vietnam on 21 December 1968 and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty (REFRAD) on 31 July 1969, on the expiration of his term of service. He had served 2 years of total active service and was awarded the Vietnam Service Medal (VSM) with four bronze service stars, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, and the Army Commendation Medal. His records show that he had excellent conduct and efficiency ratings throughout his service and contain no derogatory information.
6. A review of the available records fails to show any record of the applicant being injured or treated for any such injury in Vietnam. Additionally, a search of the Vietnam Casualty Files also failed to show that the applicant was ever reported as a casualty or treated for any wounds, injuries or diseases.
7. 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
8. Army Regulation 600-8-22 outlines the criteria for award of the Good Conduct Medal (GCMDL). It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL. Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC) for the period he served with the unit.
CONCLUSIONS:
1. The applicant has failed to show through the evidence submitted with his application or the evidence of record that he was wounded/injured in action against the enemy and that the treatment he received was made a matter of record. Accordingly, the Board has no basis to award him the Purple Heart.
2. However, the Board notes that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL. Therefore, it must be presumed that the failure to award him the GCMDL was the result of an administrative error. Accordingly, it would be in the interest of justice to award him the GCMDL for the period of 1 August 1967 to 31 July 1969.
3. Additionally, the applicant’s unit was subsequently awarded the RVNGC w/Palm Unit Citation and the MUC. Accordingly, he is entitled to be awarded those awards as well and to have his records corrected to reflect those awards.
4. 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 awarding the individual concerned the GCMDL for the period of 1 August 1967 through 31 July 1969, the RVNGC w/Palm Unit Citation and the MUC.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__mm___ __mb ___ __clg____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Melvin H. Meyer____
CHAIRPERSON
| CASE ID | AR2002076776 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/22 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 102 | 107.0056/GCMDL |
| 2. 140 | 107.0094/RVNGC |
| 3. 80 | 107.0034/MUC |
| 4. 61 | 107.0015/PH |
| 5. | |
| 6. |
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