PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 October 2003
         DOCKET NUMBER: AR2003086140


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Kathleen A. Newman		Chairperson
Mr. Lester Echols		Member
Mr. John T. Meixell		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.

3. The applicant states that he was wounded in July 1970 when his armored personnel carrier was struck by a B-40 rocket. He contends that he was evacuated to Walter Reed Hospital where surgery was performed in September/October 1970. In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge).

4. The applicant’s military records show that he was inducted on 11 August 1969. He served as a scout observer assigned to Troop B, 1st Squadron,
10th Cavalry, 4th Infantry Division in Vietnam from 7 January 1970 through
22 August 1970. On 10 August 1971, the applicant was released from active duty in the rank of specialist four after completing 2 years of creditable service with no lost time.

5. The applicant’s DD Form 214 shows the National Defense Service Medal and the Vietnam Service Medal as authorized awards.

6. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.

8. The applicant’s DA Form 20 shows his principal duty assignment was “Patient” on 22 August 1970. The applicant’s Standard Form 93 (Report of Medical History) shows he reported that he had surgery on 21 October 1970 at Walter Reed Hospital for an infection in his right ear drum. There is no evidence that this infection was the result of hostile action in Vietnam.

9. The applicant underwent a separation physical examination on 21 July 1971 which makes no mention of any wounds or injuries sustained as a result of hostile action in Vietnam.

10. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11. The applicant’s service personnel records show that he participated in three campaigns during his assignment in Vietnam.
12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 52, dated 1971.

13. Army Regulation 600-8-22 (Military Awards) 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.

14. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated 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 on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

16. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was wounded in July 1970 when his armored personnel carrier was struck by a B-40 rocket. However, there is no evidence of record, and the applicant has provided no evidence, to support this contention.

2. The Board also considered the applicant’s contention that he was evacuated to Walter Reed Hospital where surgery was performed in September/October 1970. However, medical evidence of record shows the applicant reported that he had surgery on 21 October 1970 at Walter Reed Hospital for an ear infection, not for wounds received in action.

3. There is no evidence of record which shows the applicant was wounded or treated for wounds sustained as a result of hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4. Considering the applicant attained the rank of specialist four in less than two years, the Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 11 August 1969 through
10 August 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.

5. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant 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. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

6. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant’s DD Form 214 should be corrected to show this unit citation.

7. The applicant served a period of qualifying service for award of the Vietnam Campaign Medal. Therefore, his DD Form 214 should be corrected to show this medal.

8. 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 the applicant be awarded the first award of the Good Conduct Medal for the period 11 August 1969 through 10 August 1971.

2. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Good Conduct Medal,
the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Campaign Medal.

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

BOARD VOTE:

KAN___ LE_____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Kathleen A. Newman_
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086140
SUFFIX
RECON
DATE BOARDED	20031002
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.