PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 September 2003
         DOCKET NUMBER: AR2003087483


         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
Mr. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Patrick H. McGann		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 military records to show award of the Purple Heart.

3. The applicant states, in effect, that he was wounded in Vietnam but that he was not issued a Purple Heart while hospitalized for those wounds. In support of his application, the applicant has submitted a copy of DA Form 3647-1 (Clinical Record Cover Sheet), dated 14 January 1971. Block 29 (Selected Administrative Data) of the form indicates “Purple heart not awarded at this hospital.” Block 35 (Cause of Injury) indicates “WIA: Approximately 19 December 70 time and location unknown, RVN, patient was wounded by hostile fire.” Block 36 (Diagnoses - Operations and Special Procedures) indicates “Dg 1. Multiple fragment wounds. Left leg. No artery or nerve involvement. LD: Yes.”

4. The applicant’s military records show that he enlisted in the Army on 7 June 1962, served in the continental United States (CONUS) and Germany and was honorably separated on 25 May 1965. The applicant re-enlisted for 6 years on 24 August 1965. During this enlistment he, once again, served in CONUS and Germany. In addition, he served in the Republic of Vietnam from 18 April 1970 to 6 September 1971. He was honorably discharged on 8 September 1971. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he received the following decorations, badges, and campaign ribbons: the Vietnam Service Medal; the National Defense Service Medal; the Expert Marksmanship Badge; the Sharpshooter Marksmanship Badge; and, one overseas service bar.

5. The applicant’s name does not appear on the Vietnam Casualty Roster. Block 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not indicate any wounds incurred in combat. Block 38 (Record of Assignments) of his DA Form 20 indicates that he was a patient at the US Army hospital in Camp Zama, Japan from 31 December 1970 to 24 January 1971.

6. 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.

7. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.
8. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. To the contrary, there are copies of letters of commendation in the applicant’s military personnel file. Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his years of qualifying service and there is no indication of any disciplinary action being taken against him in his service personnel records.

9. Army Regulation 600-8-22 (Military Awards) 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. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10. The Board noted the absence of the Vietnam Campaign Medal in the applicant’s service personnel records. 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. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11. The Board noted the absence of any unit awards in the applicant’s service records. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War. This document shows the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during the period 3 May 1970 through 30 April 1971 by Department of the Army General Orders (DAGO) Number 6, dated 1974 and for the period 1 April 1971 through 31 July 1971 by DAGO 11, dated 1973.

12. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

13. The applicant’s DD Form 214 and DA Form 20 show award of the Vietnam Service Medal, but do not show campaign credit for the periods the applicant served in Vietnam.

14. 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. The appendix shows that the applicant is entitled to wear one bronze service star for each the following Vietnam campaigns: Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970; Sanctuary Counteroffensive, 1 May 1970 to 30 June 1970; and, Vietnam Counteroffensive, Phase VII, 1 July 1970 to 30 June 1971.

15. The Board noted that the applicant’s records show 1 overseas service bar. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. Evidence of record shows that the applicant was wounded, as a result of hostile action, on 19 December 1970. Therefore, he is entitled to correction of his records to show award of the Purple Heart.

2. Since there is no evidence that the applicant was disqualified for the Good Conduct Medal at any time during his first enlistment, he is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service from 7 June 1962 through 25 May 1965. Therefore, he is entitled to correction of his records to show this award.

3. Since there is no evidence that the applicant was disqualified for the Good Conduct Medal at any time during his second enlistment, he is entitled to the second and third awards of the Good Conduct Medal based on completion of periods of qualifying service from 24 August 1965 through 23 August 1968 and from 24 August 1968 through 8 September 1971. Therefore, he is entitled to correction of his records to show these awards.

4. General Orders show that the applicant is entitled to two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. Therefore, he is entitled to correction of his records to show these unit awards.

5. General Orders show that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, he is entitled to correction of his records to show this unit award.

6. Evidence of record shows that the applicant is eligible for award of the Vietnam Campaign Medal. Therefore, he is entitled to correction of his records to show this award.

7. Evidence of record shows that the applicant is eligible for two additional overseas service bars. Therefore he is entitled to correction of his records to show these service bars.

8. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in three campaigns. As a result, the applicant is entitled to award of three bronze service stars and correction of his records to show these service stars.

9. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded:

a. the Purple Heart, for wounds sustained as a result of hostile action, in the Republic of Vietnam, on 19 December 1970;

b. the first award of the Good Conduct Medal for the period 7 June 1962 through 25 May 1965;

c. the second award of the Good Conduct Medal for the period 24 August 1965 through 23 August 1968

d. the third award of the Good Conduct Medal for the period 24 August 1968 through 8 September 1971;

e. the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during the period 3 May 1970 through 30 April 1971;

f. the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during the period 1 April 1971 through 31 July 1971;

g. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

h. the Vietnam Campaign Medal;

i. two additional overseas service bars (for a total of three); and,
        
j. three bronze service stars, to be affixed to the Vietnam Service Medal.

BOARD VOTE:

__jlp____ ___aao__ ___phm__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___________Jennifer L. Prater____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087483
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030923
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.