RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 AUGUST 2005
      DOCKET NUMBER:  AR20050001572


      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. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart and two awards of the
Meritorious Unit Commendation.

2.  The applicant states, in effect, his August 2004 Department of Veterans
Affairs rating decision confirms his entitlement to the Purple Heart.  He
notes the rating decision specifically states that while he was in Cam Ranh
Bay he performed guard duty at his depot, that his area was hit with
rockets, mortars, and small arms fire throughout his tour of duty in
Vietnam, that he reported smashing his knees while jumping for cover from
the attacks, and that he subsequently underwent surgery on his left knee as
a result of his injury while under attack.

3.  The applicant also notes that information obtained from an internet web
site confirmed that his unit, the 32nd Medical Depot, formally known as the
32nd Medical Logistics Battalion was awarded two Meritorious Unit
Commendations.  He stated his tour of duty in Vietnam occurred between
August 1970 and July 1971.

4.  The applicant provides a copy of his 2004 Department of Veterans
Affairs rating decision, information from the internet web site which shows
information concerning the 32nd Medical Logistics Battalion, and documents
showing his evacuation from Vietnam in May 1971 as a result of his knee
condition.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was inducted and
entered active duty on 24 July 1969.

2.  A statement authored by the applicant in 1971 indicates that during
basic training the applicant fell to his knees during a 150 yard man carry
and that in October 1969, while at Fort Bragg, North Carolina, he bent down
to pick up a big pot and when he tried to stand back up the knee cracked
and snapped.  He indicated he was given 10 days of light duty for the pain
in his knee.

3.  A 1971 statement of medical examination and duty status confirmed the
applicant was treated for a knee injury at Fort Dix, New Jersey while
undergoing basic training in August 1969.  His service medical records
confirm he was treated for knee pain in November 1969 while at Fort Bragg.


4.  On 24 August 1970 the applicant was assigned to 32nd Medical Depot in
Vietnam as an Optical Lab Specialist.  His service medical records note he
sought medical treatment on 3 September 1970 for intermittent locking and
cracking of his left knee which he had been experiencing for about a year
and which was attributed to his knee injury during advanced individual
training.

5.  According to an entry on the applicant's Department of the Army Form 20
(Enlisted Personnel Record), he departed Vietnam in May 1971.  A Medical
Evaluation Board (MEB), conducted in June 1971 notes the applicant
underwent surgery on his left knee in Vietnam in February 1971 and that he
was admitted to the Naval Hospital, St. Albans, New York on 19 May 1971 for
continued treatment.  There was no indication in the MEB summary the
applicant's knee condition was related to, or incurred as a result of
hostile action while in Vietnam. The MEB recommended referral to a Physical
Evaluation Board (PEB).

6.  An informal PEB convened on 2 August 1971 at Valley Forge General
Hospital in Phoenixville, Pennsylvania.  The PEB concluded the applicant's
left knee condition was such that it rendered him unfit for continued
service and recommended he be separated with severance pay rated at 20
percent.  The PEB also noted the applicant's disability did not result from
injury or disease received in the line of duty as a direct result of armed
conflict.  The applicant concurred with the findings and recommendation of
the PEB and waived his entitlement to a formal hearing.

7.  On 19 August 1971 the findings and recommendation of the PEB were
approved.  The approval document noted the applicant's knee injury occurred
in 1969 while at Fort Dix, New Jersey.

8.  On 16 November 1971 the applicant was discharged.  His separation
document does not reflect entitlement to the Purple Heart or to any
Meritorious Unit Commendations.

9.  In 2004 the applicant was granted a 100 percent service connected
disability rating by the Department of Veterans Affairs for posttraumatic
stress disorder.  As noted by the applicant, the rating decision recorded
that the applicant had related that he smashed his knees while jumping for
cover from attacks while in Vietnam.

10.  The applicant's name was not among a list of individuals reported as
combat casualties during the Vietnam War.

11.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

13.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in one designated campaign (Vietnam
Counteroffensive Phase VII) during the applicant’s period of assignment.
One bronze service star on the Vietnam Service Medal, which is recorded on
his separation document, should reflect his campaign participation.

14.  Although the same pamphlet does confirm his unit was awarded two
Meritorious Unit Commendations while in Vietnam, one of the awards
recognized the period 1 May 1969 to 30 April 1970, while the other
recognized the period 1 May 1970 to 31 December 1971.  Army Regulation 600-
8-22 provides for the permanent award of unit commendations only to
individuals who were assigned to the unit during the period being
recognized by the unit award.

15.  Department of the Army Pamphlet 672-3 also provides, in pertinent
part, for award of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm to all individuals who served in Vietnam between 20 July 1965 and
28 March 1973 in a unit which was subordinate to Headquarters, United
States Army Vietnam.  The applicant’s unit was such a unit.

16.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

17.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  Although information in the applicant's 2004 Department of Veterans
Affairs rating decision suggests the applicant's knee condition was the
result of hostile action while in Vietnam, the medical evidence available
to the Board suggests otherwise.  The applicant's service medical records,
his disability processing documents, and a statement he authored in 1971
all confirm his knee injury was not the result of hostile action while in
Vietnam but rather stemmed from an injury incurred while undergoing
training prior to arriving in Vietnam.

2.  In order to justify correction of a military record, as it pertains to
an award of the Purple Heart, the applicant must show, or it must otherwise
satisfactorily appear, that the record is in error or unjust.  The
applicant has failed to submit evidence that would satisfy that
requirement.

3.  Additionally, while the applicant's unit in Vietnam may have been
awarded two awards of the Meritorious Unit Commendation, because he was
assigned to the unit during only one period recognized by a unit award he
is entitled to only one award.  It would be appropriate to correct his
records to reflect that one Meritorious Unit Commendation.

4.  The evidence also confirms the applicant is entitled to one bronze
service star on his Vietnam Service Medal and a Republic of Vietnam
Gallantry Cross Unit Citation with Palm.  His records should be corrected
accordingly.

5.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 16 November 1971.  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 of 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 24 July 1969 through 16 November 1971.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___PS __  ___YM __  ___LH __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected:

      a.  by showing he is entitled to one Meritorious Unit Commendation and
the Republic of Vietnam Gallantry Cross Unit Citation with Palm;


      b.  by showing he is entitled to one bronze service star on his
Vietnam Service Medal; and


      c.  by awarding him the Army Good Conduct Medal.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart and to a second Meritorious Unit Commendation.




                                  ______  Paul Smith________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001572                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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