PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 October 2003
         DOCKET NUMBER: AR2003083477


         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. Wright		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Marla J. Troup		Member
Ms. Linda D. Simmons		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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show all awards and decorations to which he may be entitled to.

3. The applicant states that his award of the Army Commendation Medal (ARCOM) and the Bronze Star Medal (BSM) were omitted from his DD Form 214 and possibly the Purple Heart. In support of his application, he submits a copy of his DD Form 214 and two award citations, orders, and certificates for the ARCOM and BSM.

4. The applicant’s military records show that he was inducted on 2 October 1967, as a light weapons infantryman. He served in Vietnam from 12 March 1968 to 17 March 1969. He was released from active duty on 1 October 1969. He was transferred to the Army Reserve.

5. The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Sharpshooter Qualification Badge with Rifle Bar (M-14), and the Marksmanship Qualification Badge with Rifle (M-16). His discharge document does not show the Purple Heart as an authorized award.
It was also noted that he was not awarded the Good Conduct Medal.

6. His DD Form 214 does not show his award of the ARCOM or BSM.

7. The applicant provided a copy of his orders, certificate, and award citation which shows that he was awarded the ARCOM for exceptional meritorious achievement in ground operations while serving in Vietnam during the period 1 May to 30 September 1968 and participated in five campaigns.

8. The applicant provide a copy of his orders, certificate, and award citation which shows that he was awarded the BSM for meritorious achievement in ground operations against hostile forces while serving in Vietnam during the period 1 April to 30 November 1968.

9. His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations).

10. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action while serving in Vietnam.



11. The applicant's records contain a copy of a DA Form 8-274 (Medical Condition-Physical Profile Record), dated 14 March 1969. This profile indicated that the applicant was diagnosed as having a sprain, left elbow. He was returned to his unit fit for duty and was medically qualified with temporary limitations for 30 days.

12. Item 38 (Record of Assignments) of his DA Form 20 shows that he was assigned to a patient status on 17 April 1969 with the Medical Holding Company at Fort Dix, New Jersey.

13. The applicant's medical records are unavailable for review. However, his records contain a copy of his separation medical examination, dated 26 September 1969, which shows that he was issued a physical profile of 111111 and was qualified for separation. It also indicated that he had a limitation of dorsiflexion in his right wrist (limited movement of right wrist).

14. The applicant’s name does not appear on the Vietnam Casualty List.

15. 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, and the medical treatment must have been made a matter of official record.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of the bronze
service star, based on qualifying service, for each campaign listed in Appendix B of this regulation. The regulation also states that bronze service stars will be worn on the appropriate service medals. A silver service star is worn instead of five bronze service stars.

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that Company C, 1st Battalion (Airborne), 506^th Infantry, the unit to which the applicant was assigned, was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 52, dated 1974. Department of the Army Orders 5, dated 1977, also cited the same unit for award of the Meritorious Unit Commendation for actions during the period 14 March to 3 October 1968.

18. The same register shows that the applicant is entitled to the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974 and that his unit earned the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 48, dated 1971.
19. 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. After 27 June 1950 to the present time, the current standard for award of the
Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

20. Review of the applicant’s service personnel records does not reveal that
he was recommended for or entitled to any other awards or decorations.

CONCLUSIONS:

1. The evidence of record shows that the applicant was diagnosed as having a sprain, left elbow, was returned to duty, and issued a temporary profile for 30 days. He was assigned to a patient status with Medical Holding Company at Fort Dix, New Jersey. He was also found qualified for separation and was diagnosed as having a limited motion in his right wrist; however, this evidence failed to show that his injury was the result of hostile action.

2. There is no evidence of record, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action while serving in Vietnam. There also are no orders officially awarding the Purple Heart. Therefore, based on the available evidence, there is insufficient basis to approve or to show that he was awarded the Purple Heart.

3. The evidence of record shows that the applicant was awarded the ARCOM for meritorious achievement and the BSM for meritorious service while serving in Vietnam. Therefore, he is entitled to correction of his records to show these awards.

4. The applicant participated in five campaigns and is entitled to the Vietnam Service Medal with one silver service star. Therefore, his records should be corrected to show that he was awarded the Vietnam Service Medal with one silver service star.

5. The applicant's unit was awarded the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these awards.


6. The applicant is entitled to the first award of the Good Conduct Medal for the period 2 October 1967 to 1 October 1969 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 records to show this award.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Army Commendation Medal, the Bronze Star Medal, the Vietnam Service Medal with one silver service star, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the first award of the Good Conduct Medal for the period 2 October 1967 to 1 October 1969.

2. That so much of the application as pertains to the award of the Purple Heart be denied.

BOARD VOTE:

__rw___ __mt___ __ls_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond J. Wagner_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003083477
SUFFIX
RECON
DATE BOARDED	20031028
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19691001
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	46
2.
3.
4.
5.
6.