PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003087824


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley L. Powell		Member
Mr. Robert L. Duecaster		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, in effect, that he be awarded the Purple Heart.

3. The applicant states, in effect, that on or around 9 June 1967 his camp was hit with enemy artillery and rocket fire and he sustained a shell fragment wound to the ring finger on the left hand.

4. To support his claim, the applicant submitted a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and a copy of a Standard Form (SF) 600, Chronological Record of Medical Care, with entries covering the period 3 April 1966 through 11 June 1967.

5. The applicant’s military records show that he enlisted in the Army for 3 years on 2 March 1966. He received his basic combat training at Fort Gordon, Georgia, and his advanced individual training at Aberdeen Proving Ground, Maryland. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 63B, Wheeled Vehicle Mechanic.

6. The applicant served for 7 months in Germany before being reassigned to the Republic of Vietnam. He arrived in Vietnam on 2 March 1967, and was assigned to the 149th Light Maintenance Company (Direct Support). He remained with that unit until he completed his overseas tour on 26 March 1968.

7. While in the Republic of Vietnam, the applicant participated in the following three campaigns: the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; and the Tet Counteroffensive, which extended from 30 January through 1 April 1968.

8. The applicant's name does not appear on the Vietnam Casualty List.

9. Item 40 (Wounds), of the applicant's DA Form 20 (Enlisted Qualification Record), is blank. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing award of the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart.

10. The SF 600 provided by the applicant has the following entries, "10 June 1967 / 501st Med Det (Disp) M.C. Skin Finger. Fragment wound to finger L/hand received during attack last night [9 June]. RX cleaned with Phisohex and H2O. Return daily for dressing change; and 11 June 1967 / 501st Med Det (Disp) M.C. Dressing change."

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11. The applicant was honorably separated from active duty on 27 October 1969, by reason of permanent disability retirement. The DD Form 214 that he was provided shows that he was released in the rank and pay grade of Specialist Four, E-4, with 3 years, 8 months, and 5 days active Federal service for pay purposes, with no lost time at separation. He had been retained in service for the convenience of the Government for 8 months and 5 days.

12. The applicant's separation from military service, for reasons of permanent disability, were not related to his service in Vietnam but due to injuries incurred in an automobile accident that he was involved in, in North Carolina, on 3 July 1968.

13. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal, and one overseas service bar. The Purple Heart is not shown on this document.

14. The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar in Special Orders 059, paragraph 6, published by Headquarters, 2nd Training Brigade, US Army Training Center, Fort Gordon, Georgia, dated 11 April 1966. This badge is not shown on the applicant's DD Form 214.

15. Army Regulation (AR) 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

16. The above regulation 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: (a) the wound was the result of hostile action; (b) the wound required medical treatment; and (c) the medical treatment was made a matter of official record.

17. The same regulation 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.

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18. The regulation also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

19. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by unit serving in Vietnam. This document shows that the unit the applicant served with, the 149th Light Maintenance Company (Direct Support), a subordinate unit of the US Army Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 20 July 1965 to 28 March 1973 by Department of the Army General Orders (DAGO) Number 8, dated 1974.

CONCLUSIONS:

1. Based on the evidence of record, the applicant is entitled to award of the Purple Heart for wounds sustained in action against a hostile enemy on 9 June 1967 in Vietnam, and to have it added to his DD Form 214.

2. The Board noted that the applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service. He attained the rank and grade of Specialist Four, E-4, and there is no record of lost time in the applicant's service personnel records. Based on his service, he is entitled to award of the Good Conduct Medal for the period 2 March 1966 through 1 March 1969 and to have it added to his DD Form 214.

3. The applicant served in the Republic of Vietnam from 2 April 1967 until 26 March 1968 and participated in three campaigns. He is therefore eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these added to his separation document.

4. The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. This badge is not shown on the applicant's DD Form 214. It would be appropriate to add this badge to his DD Form 214 at this time.

5. The applicant served with a subordinate unit of the US Army Vietnam during the period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant's DD Form 214 does not show this unit award as an authorized award. It would be appropriate to add this unit award to his DD Form 214 at this time.

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

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RECOMMENDATION:

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

         a. awarding the applicant the Purple Heart for wounds sustained in combat in Vietnam on 9 June 1967; the Good Conduct Medal for the period 2 March 1966 through 1 March 1969; the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal,

         b. amending the entry in Block 24, of the applicant's DD Form 214 to add the already-awarded Marksman Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

__fe ____ ___slp___ __rld____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087824
SUFFIX
RECON
DATE BOARDED	2003/10/07
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.