PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2003086802


         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:

Mr. Stanley Kelley		Chairperson
Mr. Christopher J. Prosser		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

3. The applicant states that he was wounded in action by enemy fire in Vietnam on 16 July 1967. He contends that incoming rockets exploded outside his plane when he was taxiing in from the runway and he received shrapnel wounds to his face and scalp. He further states that he received medical treatment for his wounds at a hospital in Vietnam and was awarded the Purple Heart by a Marine general. In support of his application, he submits a copy of his DD Form 214; a letter, dated 18 April 1991, to a Member of Congress; a letter, dated 12 March 2003, from a Member of Congress; a photograph depicting a soldier receiving a medal; and a copy of his vehicle registration.

4. The applicant’s military records show that he was inducted on 14 June 1966 and served as an aircraft repairman in Vietnam from 8 March 1967 through
15 March 1968. The applicant was honorably released from active duty on
19 March 1968 in the rank of specialist four after completing 1 year, 9 months and 6 days of creditable active service with no lost time.

5. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and two awards of the Overseas Service Bar 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. Evidence of record shows that on 19 March 1968 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

9. 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.

10. The applicant’s service personnel records show he participated in three campaigns during his assignment in Vietnam.

11. 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 the applicant’s unit was cited for award of the Valorous Unit Award for actions during the period 1 June 1966 through
31 December 1968 by Department of the Army General Orders Number 5, dated 1973.

12. Department of the Army Pamphlet 672-3 also 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 22, dated 1968.

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.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was wounded in action by enemy fire in Vietnam on 16 July 1967. The Board also reviewed the photograph provided in support of the applicant’s claim for award of the Purple Heart. However, there is no evidence of record which shows that the applicant


was wounded or treated for wounds 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.

2. Considering the applicant attained the rank of specialist four within one year, the Board concludes the applicant met eligibility criteria for the first award of the Good Conduct Medal for the period 14 June 1966 through 19 March 1968 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.

3. 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.

4. The applicant's unit received the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show these unit awards.

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 the applicant be awarded the first award of the Good Conduct Medal for the period 14 June 1966 through 19 March 1968.

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










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

BOARD VOTE:

SK_____ CJP_____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Stanley Kelley_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086802
SUFFIX
RECON
DATE BOARDED	20030911
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.