PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 January 2003
         DOCKET NUMBER: AR2002077114


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Tracey L. Pinson		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 that he be awarded the Purple Heart and Soldier’s Medal.

3. The applicant states that he was injured in a mortar attack in Vietnam in 1968 and was treated on a Navy Hospital Ship. He also states that while working on the 9^th Infantry Division mortar barge, another barge was blown up by sappers and he went into the water to pull two other men from the water and one may have lost his leg. He continues by stating that he was told that he would receive these awards, but never did and he believes that he should receive them so he can leave them to his children.

4. The applicant’s military records show that he initially enlisted in the Florida Army National Guard (FLARNG) on 27 May 1964 and successfully completed his training as a light weapons infantryman. On 7 December 1965, he enlisted in the Regular Army for a period of 3 years and airborne training. He was permanently disqualified from airborne training on 4 February 1966 and was transferred to Korea on 10 March 1966. He was advanced to the pay grade of E-4 on 26 November 1966 and departed Korea on 15 April 1967 for assignment to Fort Hood, Texas.

5. He remained at Fort Hood until he was transferred to Vietnam on 5 February 1968, where he was assigned to the 3^rd Battalion, 47^th Infantry Regiment, 9^th Infantry Division, for duty as an infantry operations and intelligence specialist. He was promoted to the pay grade of E-5 (sergeant) on 1 May 1968. He remained in Vietnam until 20 November 1968, when he was returned to Fort Dix, New Jersey, where he was honorably released from active duty on 25 November 1968, as an early overseas returnee. He had served 2 years, 11 months and 19 days of active service in the Regular Army and was awarded the Combat Infantryman Badge, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal (VSM). His records show that he had excellent conduct and efficiency ratings throughout his entire enlistment.

6. A review of the available records, to include the Vietnam Casualty Listing, fails to indicate any evidence that the applicant was injured as a result of enemy action or that he was treated for any injuries. A review of his separation physical examination also fails to reveal any injuries or treatment by medical personnel for any such injuries. Additionally, there is no indication that he was ever recommended for a Soldier’s Medal.

7. The Soldier’s Medal, section 3750, title 10, United States Code (10 USC 3750) was established by Act of Congress 2 July 1926. The Soldier’s Medal is awarded to any person of the Armed Forces of the United States or of a friendly foreign nation who, while serving in any capacity with the Army of the United states, distinguished himself or herself by heroism not involving actual conflict with the enemy. The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Awards will not be made solely on the basis of having saved a life.

8. 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.

9. Army Regulation 600-8-22 also prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

10. 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 the applicant’s unit was authorized awards of the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit. It also shows that his unit participated in four campaigns during his tour in Vietnam.

CONCLUSIONS:

1. The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action. Therefore, in the absence of evidence to the contrary, there is no basis for the Board to award him the Purple Heart at this time.

2. Additionally, there is no evidence that the applicant was recommended for an award of the Soldier’s Medal while in Vietnam. The Board also notes that under the circumstances described by the applicant, a Soldier’s Medal would not be authorized because it was the result of enemy action. In any event, there is no evidence that he was recommended for any type of individual award that was not acted upon.

3. However, the evidence of record does show that he should have been awarded the PUC, MUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and four bronze service stars (campaign participation) for wear on his already awarded VSM. Accordingly, it would be in the interest of justice to do so at this time.

4. The Board also notes that the applicant had no lost time and that he did not receive an AGCM at the time he was separated from the service. Consequently, the Board finds that it was likely the result of an administrative error, as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

5. 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 PUC, the MUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, four bronze service stars, and the AGCM for the period of 7 December 1965 through 25 November 1968.

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

BOARD VOTE:

__mm___ ___kak__ ___tp ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Karol A. Kennedy____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077114
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/01/28
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 56	107.0010/SOLDIER MDL
2. 61	107.0015/PH
3. 102	107.0056/AGCM
4. 140	107.0094/RVNGC
5. 141	107.0095/RVNCAHM
6. 77	107.0030/PUC