PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 November 2003
         DOCKET NUMBER: AR2003084230


         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. Fred N. Eichorn		Chairperson
Mr. Antonio Uribe		Member
Ms. Gail J. Wire		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, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show two awards of the Purple Heart (correctly known as the Purple Heart with first oak leak cluster).

3. The applicant states that he received a shell wound to his leg in 1967 or 1968. In late 1968 he was hit and taken to Tripler Hospital in Hawaii. He also states that his two awards of the Purple Heart were omitted from his DD Form 214. In support of his application, he submits a copy of his DD Form 214, dated 1 February 1973.

4. The applicant’s military records show he was inducted on 27 June 1967, as a bridge specialist, in military occupational specialty (MOS) 12C20. He served in Vietnam from 10 November 1967 to 11 November 1968. He continued to serve until he was honorably discharged on 27 March 1969, in order to reenlist.

5. The applicant's DD Form 214, dated 27 March 1969, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal, an Overseas Service Bar, and the Marksmanship Qualification Badge with Rifle (M-14). His discharge document does not show the Purple Heart as an authorized award.

6. He reenlisted on 28 March 1969. He served in Vietnam from 30 May 1969 to 24 August 1969. He continued to serve until he was released in the pay grade of E-5 on 1 February 1973 from active duty to serve with the Army National Guard.

7. The applicant’s DD Form 214, dated 1 February 1973, shows he was awarded the Armed Forces Expeditionary Medal, the Vietnam Service Medal with two bronze service stars, and the Sharpshooter Qualification Badge with Rifle. His discharge document does not show the Purple Heart as an authorized award.

8. His DA Form 20 (Enlisted Qualification Record) in item 40 (Wounds) shows the entry "Right Knee Wound on Inside of Knee 15APR68" (15 April 1968) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations).
There are no entries on the DA Form 20 to show that he was ever a patient in a hospital or evacuated to Hawaii.

9. There are no orders in the applicant’s service personnel records which show that he was awarded two awards of 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 on a second occasion while serving in Vietnam.

10. The applicant's medical records are unavailable for review by the Board.

11. The applicant’s name failed to appear on the Vietnam Casualty List for a wound received to his leg in 1967 or 1968 or for any other wound during his service in Vietnam as a result of enemy action.

12. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

14. The same register lists the unit awards received by units serving in Vietnam. This document shows that Company E, 15^th Engineer Battalion, 9^th Infantry Division, the unit which the applicant was assigned, earned the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

15. 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.

16. 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 Board noted that the applicant failed to provide medical evidence to show that he was wounded twice or treated for wounds as a result of hostile action.
It was also noted that there was no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded twice due to hostile action while serving in Vietnam. There also are no orders officially awarding him two awards of the Purple Heart.


2. The applicant's entry on his DA Form 20 was further noted: however, his records failed to show that his right knee wound on 15 April 1968 was the result of hostile action. It is likely that the entry on his DA Form 20 concerning a right knee wound was the result of an accident. Therefore, based on the available evidence, there is insufficient basis to approve or to show that he was awarded two awards of the Purple Heart.

3. The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment. Therefore, he is entitled to correction of his records to show these awards.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 27 June 1967 to 26 June 1970 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.

5. 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation and the first award of the Good Conduct Medal for the period 27 June 1967 to 26 June 1970.

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

BOARD VOTE:

__fe___ __au____ __gw____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084230
SUFFIX
RECON
DATE BOARDED	20031104
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19730201
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	61
2.
3.
4.
5.
6.