PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 12 JUNE 2003
         DOCKET NUMBER: AR2002082027


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. John P. Infante		Member
Ms. Eloise C. Prendergast		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. The applicant states, in a self-authored statement, that he and four or five other soldiers were hit with shrapnel from a "rocket morter [sic] or something" in October 1970. He states he is not sure what it was but was evacuated to the "173^rd Airborne Hospital.” He states he was told that it was "ok to leave the shrapnel in [his] left leg" and that most of the people they brought into the hospital that night died. He notes that at the time he did not feel that he deserved the Purple Heart but now, 30 years later he would like to have it. He states that the shrapnel piece is still in his leg. In support of his request he submits a statement and separation document from another soldier who claims to have been wounded at the same time. He notes the other soldier received the Purple Heart.

3. Records available to the Board indicate that the applicant entered active duty on 19 June 1969. In November 1969, after successful completion of training, the applicant was assigned to Vietnam as a vehicle repairman. While in Vietnam, he was assigned to Company B of the 84^th Engineer Battalion.

4. Prior to departing Vietnam, in late October 1970, he was awarded the Army Commendation Medal for meritorious service during the period November 1969 to November 1970.

5. The applicant was assigned to Fort Hood, Texas following his tour of duty in Vietnam. He remained at Fort Hood until 14 January 1972 when he was released from active duty with an honorable characterization of service in pay grade E-4.

6. Neither the applicant's separation document, nor his Department of the Army Form 20 (enlisted qualification record) reflect entitlement to the Purple Heart and item 40 (wounds) on his Department of the Army Form 20 is blank. The applicant authenticated the information on his Department of the Army Form 20 in December 1970 and his separation document on the day he was released from active duty.

7. The statement submitted in support of the applicant's request is signed, but not dated. The statement notes that the author was among four other soldiers that were hit "around the last part of Oct. 1970" and evacuated to the 173^rd Airborne Hospital. The author states that "we were all hit with the same rocket morter [sic] or whatever it was" and that he (the author of the statement) was subsequently evacuated to Japan. He states he accepted the Purple Heart but the applicant did not "feel like he deserved it, but 30 years later, he would like to have it." The separation document of the author of the statement does reflect award of the Purple Heart and that he was deployed to Vietnam between
24 January 1970 and 20 October 1970. It also notes he was assigned to Company B, 84^th Engineer Battalion and was a member of a medical holding detachment at the time he was released from active duty in November 1970.
8. There were no medical records available to the Board, or provided by the applicant. His name was not among a list of individuals reported as combat casualties during the Vietnam War. A search of the historical files of the 84^th Engineer Battalion, maintained at the National Archives in College Park, Maryland, also failed to confirm that the applicant was wounded in action during the Vietnam War.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

10. Army Regulation 600-8-22 also provides that the Army 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 Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal. There is also no evidence of any misconduct or disciplinary actions in the applicant's file. His conduct and efficiency ratings throughout his military service were excellent.

11. A review of Department of the Army Pamphlet 672-3 notes that the applicant's unit (84^th Engineer Battalion) was awarded a Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a Republic of Vietnam Gallantry Cross Unit Citation with Palm, while he was a member of the organization. Those decorations were omitted from his separation document.

CONCLUSIONS:

1. In spite of the statement submitted in support of the applicant's request, the Board notes that there is no medical evidence, nor has the applicant provided any, which confirms he was wounded as a result of hostile action while in Vietnam. In the absence of more compelling medical evidence, the Board concludes there is insufficient evidence on which to base an award of the Purple Heart.

2. The Board does note, however, that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 14 January 1972. There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award. In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 19 June 1969 through 14 January 1972.

3. The Board also notes that the applicant is entitled to a Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a Republic of Vietnam Gallantry Cross Unit Citation with Palm. His records should be corrected accordingly.

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:

a. by awarding the individual concerned the Army Good Conduct Medal for the period 19 June 1969 through 14 January 1972; and

b. by showing that he is entitled to a Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:

__RVO__ ___JPI __ __ECP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082027
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030612
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.