PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2003
         DOCKET NUMBER: AR2003090194


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Mae M. Bullock		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.

3. The applicant states that he is still carrying around scraps of metal in his nose from Vietnam. He contends that in April 1968, while on a search and destroy patrol, a mine went off next to him and his legs and nose were hit with shrapnel. The medic told him that they would not do anything about the shrapnel, that it would work itself out. He goes on to state that most of the shrapnel did come out, but not all of it. He indicated that he provided an x-ray as proof (this x-ray was not available to the Board). He further contends that many of his comrades were killed in action and he does not know anyone that could collaborate his story. In support of his application, he submits a letter of explanation, dated
10 March 2003 and a copy of his DD Form 214 (Report of Transfer or Discharge).

4. The applicant’s military records show that he was inducted on 10 August 1967. He served as an infantryman assigned to Company B, 4th Battalion,
3rd Infantry of the 11th Infantry Brigade in Vietnam from 22 January 1968 through 30 June 1968. He served as a security guard assigned to Company D, 58th Infantry of the 93rd Military Police Battalion in Vietnam from 1 July 1968 through 8 January 1969. On 8 August 1969, the applicant was released from active duty in the rank of sergeant after completing 1 year, 11 months, and
29 days of creditable service with no lost time.

5. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Combat Infantryman Badge, the Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the "1CG(M-60)" as authorized awards.

6. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.

8. There are no medical service records available.

9. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10. The applicant's service personnel records show that he participated in five campaigns during his assignment in Vietnam.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the applicant’s unit (Company D, 58th Infantry) was cited for award of the Meritorious Unit Commendation for actions during the period 30 June 1967 to 1 August 1968 by Department of the Army General Orders Number 72, dated 1968.

12. Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

13. Army Regulation 600-8-22 (Military Awards) 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.

14. 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. 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.

15. 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. This regulation provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.




CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile
action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

2. Considering the applicant attained the rank of sergeant in less than two years, the Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 10 August 1967 through 8 August 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal with two bronze service stars as an authorized award. However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show these awards.

4. The applicant’s unit was cited for award of the Meritorious Unit Commendation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit award.

5. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam. This unit award should also be added to his DD Form 214.

6. 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 by showing that the applicant was awarded the first award of the Good Conduct Medal for the period 10 August 1967 through 8 August 1969.

2. That the applicant's DD Form 214 be corrected to show the first award of the Good Conduct Medal, the Vietnam Service Medal with one silver service star, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



3. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

SK_____ RJW____ MMB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Stanley Kelley______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090194
SUFFIX
RECON
DATE BOARDED	20031106
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.