PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 24 JULY 2003
         DOCKET NUMBER: AR2003087495


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Yolanda Maldonado		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. He states that he recently received copies of his service medical records from the Department of Veterans Affairs. He states that he was originally told his records regarding his "malaria, hepatitis and blown out right eardrum in 1967" had been lost. In support of his request he submits an extract from a service medical record which notes treatment for a leg infection in November 1966, treatment for an infection in his feet and right hand and shrapnel in his right hand on 5 December 1966, and treatment for diarrhea on 27 December 1966.

3. Records available to the Board indicate that the applicant entered active duty on 6 January 1966. While undergoing training he qualified as a marksman with the M-14 rifle and as an expert with the 81 MM mortar and was awarded the associated badges and component bars. That information, however, was omitted from his separation document.

4. Following completion of training, in July 1966, the applicant was assigned to the 2^nd Battalion, 502^nd Infantry in Vietnam as a gunner. He was awarded the Combat Infantryman Badge, the Army Commendation Medal, and a Bronze Star Medal with "V" device, prior to his departure from Vietnam in July 1967. His Bronze Star Medal with "V" device recognized his heroic actions on
12 November 1966 and the Army Commendation Medal was awarded for meritorious service between July 1966 and July 1967.

5. Upon his return to the United States, the applicant was assigned to the 1^st Battalion, 505^th Infantry at Fort Bragg, North Carolina. In February 1968 he returned to Vietnam with the 505^th Infantry as part of a unit move. However,
3 months later, in May 1968 he returned to Fort Bragg, where he remained for the duration of his enlistment contract.

6. In November 1968 the applicant underwent a physical examination in conjunction with his separation processing. The examination notes treatment for malaria while in Vietnam, but makes no mention of treatment for any wounds incurred as a result of hostile action. The applicant's name is not on a list of individual's reported as combat casualties during the Vietnam War.

7. On 18 December 1968 the applicant was released from active duty, with an honorable characterization of service, in pay grade E-5. Neither his separation document, nor his Department of the Army Form 20 (Enlisted Qualification Record) reflect entitlement to the Purple Heart, and item 40 (wounds) on the Department of the Army Form 20 is blank.





8. In a January 1969 initial disability claim to the Department of Veterans Affairs, the applicant noted treatment for malaria and an ear infection while in Vietnam. He did not mention treatment for any wounds sustained as a result of hostile action.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

10. Army Regulation 600-8-22 also provides that the Army 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 Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal. There is also no evidence of any misconduct or disciplinary actions in the applicant's file. His conduct and efficiency ratings throughout his military service were excellent.

11. A review of Department of the Army Pamphlet 672-3 indicates that the applicant's unit (2^nd Battalion, 502^nd Infantry) was awarded a Meritorious Unit Citation and two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm while he was a member of the organization. It also notes that during his second tour of duty, his unit (1^st Battalion, 505^th Infantry) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. He also would have participated in four designated campaign periods (Vietnam Counteroffensive Phases II, III and IV, and the TET Counteroffensive) during his two tours of duty in Vietnam. His campaign participation should be reflected as bronze service stars on his Vietnam Service Medal. None of his unit decorations were recorded on his separation document.

CONCLUSIONS:

1. Although the medical document submitted by the applicant does indicate treatment for a shrapnel wound, there is no evidence which confirms the wound





was the result of hostile action. The Board notes that the applicant's name was not among those listed as combat casualties during the Vietnam War, the wound was not recorded on his Department of the Army Form 20, and the applicant failed to mention treatment for a combat wound on his separation physical examination and on his initial claim for disability from the Department of Veterans Affairs. In the absence of more conclusive evidence, the Board concludes there is insufficient evidence on which to base an award of the Purple Heart.

2. The evidence does, however, show that the applicant qualified as a marksman with the M-14 rifle and as an expert with the 81 MM mortar and was awarded the associated badges and component bars. His records should be corrected to reflect that information.

3. The evidence also shows that the applicant is entitled to four bronze service stars on his Vietnam Service Medal, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a Meritorious Unit Citation, as a result of his two tours of duty in Vietnam. His records should be corrected accordingly.

4. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 18 December 1968. There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award. In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 6 January 1966 through 18 December 1968.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by showing that the individual concerned qualified as a marksman with the M-14 rifle and as an expert with the 81 MM mortar and was awarded the associated badges and component bars;

b. by showing that he is entitled to four bronze service stars on his Vietnam Service Medal, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a Meritorious Unit Citation; and

c. by awarding his the Army Good Conduct Medal for the period
6 January 1966 through 18 December 1968.

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

BOARD VOTE:

__AAO__ __JPI ___ __YM ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087495
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030724
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.	107.00
2.
3.
4.
5.
6.