PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 30 OCTOBER 2003
         DOCKET NUMBER: AR2003088377


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Curtis L. Greenway		Chairperson
Mr. Ernest W. Lutz, Jr.		Member
Mr. Larry C. Bergquist		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 that his record be corrected to show two awards of the Purple Heart and award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

3. The applicant states that he served in Vietnam and was wounded in action on two different occasions.

4. The applicant’s military records show that he enlisted in the Army for two years on 17 October 1967, trained as an infantryman, and in April 1968 was assigned to Company A, 2nd Battalion (Airborne), 502nd Infantry of the 101st Airborne Division, in Vietnam. He was promoted to pay grade E-4 sometime in late 1968.

5. A copy of a clinical record that the applicant submits with his request shows that he was treated for a fragmentation wound to his left second finger on 19 October 1968, and that he had been hit by an enemy booby trap on 18 September 1968. An 18 October 1968 medical record shows that the applicant sustained multiple fragment wounds on 18 September 1968, and that all wounds were treated and healed well; however, a retained fragment near his left ring finger joint was large and painful. On 20 September 1968 The Adjutant General notified the applicant's wife and parents that the applicant had been wounded in action, sustaining fragment wounds to the left thigh and left foot.

6. The applicant was awarded the Army Commendation Medal for meritorious achievement on 1 December 1968, the Air Medal for meritorious achievement on 20 December 1968, the Combat Infantryman Badge on 5 January 1969, and the Bronze Star Medal for meritorious service on 19 March 1969.

7. The applicant was AWOL from 14 January 1969 to 31 January 1969. He received nonjudicial punishment under Article 15, Uniform Code of Military Justice on 17 February 1969, and was reduced in rank to private first class.

8. The applicant completed his tour in Vietnam, returned to the United States, and in May 1969 was assigned to Fort Meade, Maryland. He participated in four campaigns during his tour in Vietnam, and the 2nd Battalion, 502nd Infantry was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class for its actions during the period the applicant was assigned to that unit.

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9. On 18 July 1969 he was promoted to pay grade E-4.

10. A 16 October 1969 report of medical examination shows that the applicant had a healed fragmentation wound to his right chest and his left leg.

11. The applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant sustained a fragmentation [wound] to his back on 12 May 1968 and to his left thigh and left foot on 18 September 1968. That form also shows that he qualified as an expert with the 81mm mortar.

12. The applicant was released from active duty at Fort Meade in the grade of E-4 on 31 October 1969 with an honorable characterization of service. His DD Form 214 (Report of Transfer) shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Air Medal, the Combat Infantryman Badge, the Bronze Star Medal, and the Sharpshooter Marksmanship Qualification Badge with rifle bar. It does not show award of the Purple Heart.

13. Army Regulation 600-8-22 provides 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. The Vietnam casualty roster maintained by this agency shows that the applicant was wounded in action on 18 September 1968; however, does not show that the applicant was wounded on any other occasion.

15. Army Regulation 600-8-22 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.

CONCLUSIONS:

1. The evidence is conclusive that the applicant was wounded in action on 18 September 1968. Less so, however, is the applicant's contention that he sustained another, an earlier, wound. His DA Form 20 indicates that the

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applicant sustained a fragmentation wound to his back on 12 May 1968. The 16 October 1969 report of medical examination indicates a healed fragmentation wound to his right chest. None of the documents that authenticate his 18 September 1968 wounds indicate wounds to his back or his chest, lending creditability to the applicant's assertion that he was wounded on two separate occasions. There appears to be no good reason to dispute the entries made in the applicant's record showing that he was wounded on his back or chest, or to dispute the entry on his DA Form 20 that he was wounded on 12 May 1968.

2. Consequently, the applicant should be entitled to award of the Purple Heart with oak leaf cluster, for wounds received as a result of hostile action on 12 May 1968 and 18 September 1968.

3. The applicant's service was marred by his AWOL in January 1969, for which he was reduced in grade. The Board notes, however, that the applicant, in addition to being wounded in action, was awarded both the Army Commendation Medal and the Air Medal for meritorious achievement, the Combat Infantryman Badge, and the Bronze Star Medal for meritorious service. He was also promoted to his previous grade of E-4 subsequent to completion of his tour in Vietnam, and was released from active duty with an honorable characterization of service. Notwithstanding his one instance of misconduct, the applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal.

4. The applicant participated in four campaigns during his tour in Vietnam. He is entitled to award of the Vietnam Service Medal with four bronze service stars (one for each campaign).

5. The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class.

6. The applicant is entitled to award of the Expert Marksmanship Qualification Badge with mortar bar.

7. 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 by showing that the individual concerned was awarded the Purple

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Heart with oak leaf cluster for wounds received as a result of hostile action on 12 May 1968 and 18 September 1968, the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class, and the Expert Marksmanship Qualification Badge with mortar bar.

BOARD VOTE:

__CLG __ __EWL__ __LCB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Curtis L. Greenway_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088377
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031030
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.