PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 November 2003
         DOCKET NUMBER: AR2003087775


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Mark D. Manning		Member
Ms. Barbara J. Ellis		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

3. The applicant states that the DD Form 214 he received on 1 April 1968 did not reflect award of the Purple Heart for wounds he received on 6 May 1966 in the Republic of Vietnam. He submitted two eyewitness statements in support of his application.

4. The applicant’s military records show that he enlisted in the Regular Army on 21 April 1965. He completed the required training and served in Vietnam from 11 October 1965 through 10 October 1966 after being credited with participation in three campaigns. He was promoted to private first class on 11 November 1965. His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

5. On 16 April 1967 and 7 June 1967, the applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ) for being absent from his unit on 16 April 1967 from 0100 hours to 0400 hours and for failing to go to his place of duty.

6. The applicant was released from active duty on 1 April 1968 after completion of 2 years, 11 months, and 11 days of active military service with no days of lost time.

7. The applicant's DD Form 214 does not show the Purple Heart as an authorized award. There are no orders which show the applicant was awarded the Purple Heart. Item 40 (Wounds) on the applicant's DA Form 20 does not show he sustained wounds as a result of hostile action. The applicant's name is not listed on the Vietnam Casualty Roster. His service medical records are not available.

8. Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry in Vietnam.

9. In a statement dated 23 January 2003, the eyewitness stated that he and the applicant served with Headquarters and Headquarters Company, Recon, 2nd Battalion, 502nd Infantry, 1st Brigade, 101st Airborne Division in Vietnam and were wounded by shrapnel on 6 May 1966. The eyewitness stated that he and the applicant were wounded a second time by shrapnel on 10 May 1966. He stated that they were treated and stayed in the field for another two or three days.

10. In a second statement dated 29 January 2003, the eyewitness stated that he served with the applicant in Vietnam from July 1965 to July 1966. The eyewitness stated that the applicant was hit by shrapnel in the back and legs and the field medic dressed his wound. The eyewitness stated that the applicant was hit by shrapnel again in the arm and legs and a man helped to dress the wound.

11. The applicant's records contain a DA Form 1577 (Authorization for Issuance of Awards) dated 6 May 1999 which shows he was authorized issuance of the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Ribbon with Device (1960), the Parachutist Badge, the Sharpshooter Marksmanship Qualification Badge with Mortar Bar, and the Expert Marksmanship Qualification Badge with Pistol Bar. The qualification badges are not shown on his DD Form 214.

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.

13. 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.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 2nd Battalion, 502nd Infantry, this unit was cited for award of the Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 59, dated 1968.

15. Department of the Army Pamphlet 672-3 shows that the applicant's unit, the 2nd Battalion, 502nd Infantry, was cited for award of the Valorous Unit Award and the Meritorious Unit Commendation by DAGO Number 1, dated 1969.

16. Department of the Army Pamphlet 672-3 also shows that the 2nd Battalion, 502nd Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 21, dated 1969.

17. 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.
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.

CONCLUSIONS:

1. There is no evidence of record or medical documents which show that the applicant was wounded or treated for wounds due to hostile action.

2. The Board notes the statements from former fellow soldiers in support of the applicant's claim for award of the Purple Heart. However, in the absence of any other corroborating evidence of record which shows that the applicant was wounded or injured as a result of hostile action, there is insufficient basis upon which to award the Purple Heart in this case.

3. Although the applicant's record shows he was punished under Article 15, UCMJ on two occasions for minor offenses, there is no indication his chain of command disqualified him from award of the Army Good Conduct Medal. His conduct and efficiency had been rated as "excellent" throughout his service. The Board has determined that the applicant has met the regulatory requirements for award of the Army Good Conduct Medal for the period 21 April 1965 through 1 April 1968; therefore, his DD Form 214 should be corrected to show this award.

4. Based on the applicant’s dates of service in Vietnam, Appendix B of Army Regulation 600-8-22 shows that he participated in three campaigns of the Vietnam War. Therefore, the applicant is entitled to three bronze service stars for wear on his Vietnam Service Medal.

5. The Board notes that the applicant was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show these foreign unit awards.

6. The Board notes the applicant was authorized issuance of the Sharpshooter Marksmanship Qualification Badge with Mortar Bar and the Expert Marksmanship Qualification Badge with Pistol Bar on the DA Form 1577, dated 6 May 1999. However, these badges are not shown on his DD Form 214. The Board has determined that it would be appropriate to amend his records to show these badges.

7. 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 be corrected:

         a. by awarding the applicant the Army Good Conduct Medal for the period 21 April 1965 through 1 April 1968;

         b. by showing the applicant was awarded the Army Good Conduct Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Mortar Bar, and the Expert Marksmanship Qualification Badge with Pistol Bar; and

         b. by showing he is authorized to wear three bronze service stars on his Vietnam Service Medal.

2. That so much of the application as it relates to the Purple Heart be denied.

BOARD VOTE:

JNS_____ MDM____ BJE____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087775
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031118
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.