PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 June 2003
         DOCKET NUMBER: AR2002082215


         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. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Ms. Eloise C. Prendergast		Member
Mr. John P. Infante		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 the third award of the Purple Heart and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of three Purple Hearts.

3. The applicant states that he was not awarded his third Purple Heart. In support of his application he submits a copy of a newspaper clipping which indicates he was wounded three times and a copy of two letters dated 28 March 1968 and 31 March 1968 from the Commander of Company D, 168th Engineer Combat Battalion.

4. The applicant’s military records show that he was inducted into the Army of the United States on 15 November 1966. He completed the required training and was awarded military occupational specialty 12B20 (Combat Engineer).

5. The applicant served in Vietnam from 19 April 1967 until 18 April 1968.
He was assigned to Company D, 168th Engineer Combat Battalion as a combat construction specialist. The applicant's personnel service record shows that he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) on 14 December 1967 (backing up a vehicle larger than a ¾ ton truck without a ground guide). On 30 August 1968, he was honorably released from active duty and transferred to the U. S. Army Reserve after completing
1 year, 9 months, and 16 days of creditable active service with no lost time.

6. His DD Form 214 shows as authorized awards the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with "60" Device, two Overseas Bars, the Purple Heart, the Army Commendation Medal, and the Marksman Badge (Rifle).

7. The applicant's records contain Headquarters, 20th Engineer Brigade General Orders Number 3, dated 5 January 1968, which awarded him the Purple Heart for wounds received as a result of hostile action on 12 November 1967.

8. The original Western Union Telegram from the Department of the Army, Office of the Adjutant General, dated 13 November 1967, confirms that the applicant was wounded by hostile action on 12 November 1967. The telegram notifies the applicant's father of his injury. He was wounded by metal fragment to his left hand.

9. The original Western Union Telegram from the Department of the Army, Office of the Adjutant General, dated 22 March 1968, is filed in the applicant's record. This document notifies the applicant's parents that he was wounded as a result of hostile action on 14 March 1968. On this date, he sustained shrapnel wounds to his chest, scalp, and left hand. It further showed that he was treated for his wounds at the 24th Evacuation Hospital and held.

10. There is no indication in the applicant's personnel record that shows he was awarded the Good Conduct Medal. There is no evidence that the applicant was disqualified by his unit commander for the Good Conduct Medal. His record shows that he received excellent conduct and efficiency ratings during his entire period of service.

11. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. The applicant's service personnel record shows that he participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal. However, the award of three bronze service stars is not reflected on the applicant's DD Form 214.

12. General Orders Number 535, dated 12 May 1968, from Headquarters, 20th Engineer Brigade awarded the applicant the Bronze Star Medal for meritorious achievement for the period 20 October 1967 to 2 December 1967. However, this award does not appear on his DD Form 214 as an authorized award.

13. The applicant's name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 12 November 1967 and 14 March
1968. However, the applicant's name does not appear as being wounded by hostile action a third time.

14. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

15. Army Regulation 672-5-1, in effect at the time, provided, in pertinent part, that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and for the first award only, upon termination of service of 1 or more years on or after
27 June 1950. At the time, to qualify for the Army Good Conduct Medal, a soldier’s conduct and efficiency ratings must have been “excellent” for the entire period of qualifying service.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company D, 168th Engineer Combat Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on the Department of the Army General (DAGO) Order Number
8, dated 1974.

17. Department of the Army Pamphlet 672-3 also shows that Company D, 168th Engineer Combat Battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 through
9 February 1970, by DAGO 43, dated 1970.

CONCLUSIONS:

1. General Orders Number 3, dated 5 January 1968 and the two telegrams dated 13 November 1967 and 22 March 1968 filed in the applicant's service personnel record confirm that the applicant was wounded on two separate occasions as a result of hostile action. Therefore, the applicant is entitled to receive the second award of the Purple Heart and correction of his DD Form
214 would be appropriate to reflect two awards of the Purple Heart.

2. The Board noted the newspaper clipping furnish by the applicant which states that he was wounded on three separate occasions. However, there is no evidence of record that shows the applicant received a third wound that resulted from hostile action. If the applicant can furnish substantiated documented evidence that he was wounded a third time, he may apply for reconsideration.

3. Although the applicant accepted NJP during his assignment in Vietnam for a minor offense, the Board notes that his conduct and efficiency ratings were "excellent" during his entire military service. Therefore, the Board finds that this minor misconduct should not negate favorable consideration of the award of the Good Conduct Medal. Thus, it concludes that it would be appropriate to award him the first award of the Army Good Conduct Medal for his honorable active duty service from 15 November 1966 through 30 August 1968.

4. The evidence of record shows that the applicant was assigned to a unit during a period of time the unit 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. The applicant is entitled to correction of his records to reflect these unit awards.

5. The Board noted that the applicant was awarded the Bronze Star Medal by General Orders Number 535, dated12 May 1968. Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal as an authorized award.

6. The evidence of record shows that the applicant served in Vietnam during three campaigns entitling him to wear three bronze service stars with the Vietnam Service Medal.

7. 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 applicant the second award of the Purple Heart for wounds received on 14 March 1968 and the Good Conduct Medal for the period 15 November 1966 to 30 August 1968.

2. That the applicant's DD Form 214 be amended to show that he was awarded two Purple Hearts, the Good Conduct Medal, the Bronze Star Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3. That so much of the application pertaining to a third award of the Purple Heart be denied.

BOARD VOTE:

__ro____ __ep___ __ji____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr.__
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002082215
SUFFIX
RECON
DATE BOARDED	20020612
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.