RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 AUGUST 2006
      DOCKET NUMBER:  AR20050016579


      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:

|     |Ms. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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.

2.  The applicant states he was never issued the Purple Heart for shrapnel
wounds received in an antipersonnel mine explosion in Vietnam in 1968 while
a member of the 1st Battalion, 20th Infantry Regiment.

3.  The applicant provides no additional evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was inducted and
entered active duty on 13 October 1966.  He was trained as an infantryman
and in December 1967 was reassigned to Vietnam with the 1st Battalion, 20th
Infantry Regiment, as part of a unit reassignment action.

2.  The applicant remained in Vietnam until September 1968 when he returned
to the United States and was released from active duty on 4 October 1968
with an honorable characterization of service.

3.  A separation physical examination, conducted on 4 October 1968,
contains an entry noting an 1 inch scar on the applicant’s face attributed
to a mine explosion in August 1968.  The entry, however, is not confirmed
in any other documents available to the Board, or provided by the
applicant.  Beyond the applicant’s separation physical examination, there
were no other service medical records available to the Board.

4.  Item 40 (wounds) on the applicant’s Department of the Army Form 20
(Enlisted Qualification Record) is blank and his name is not among a list
of individual’s reported as combat casualties during the Vietnam War.

5.  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.




6.  In November 1968, after the applicant was released from active duty, he
was awarded an Army Commendation Medal in recognition of his meritorious
service during his tour of duty in Vietnam.  The award was never added to
his separation document.

7.  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.  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.

8.  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 four designated campaigns (Vietnam
Counteroffensive Phases V and VI, TET 69 Counteroffensive, and Vietnam
Summer-Fall 1969) during the applicant’s period of assignment.  Four bronze
service stars on the Vietnam Service Medal, which is recorded on his
separation document, should reflect his campaign participation.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s separation physical examination does contain
an entry attributing an 1 inch scar on his face to a mine explosion in
Vietnam there is no indication of the source of that information.  The
entry is not corroborated by any other evidence available to the Board.
Unfortunately, in the absence of medical evidence confirming that the
applicant was in fact wounded as a result of hostile action and that the
wound was treated by medical officials an award of the Purple Heart based
solely on the entry on his separation document would be inappropriate.

2.  The evidence does, however, confirm that the applicant was awarded an
Army Commendation Medal and that he is entitled to four bronze service
stars on his Vietnam Service Medal and the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 4 October 1968.  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 13 October 1966 through
4 October 1968.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JM __  __SF____  __RH ___  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 by:

      a.  showing he was awarded an Army Commendation Medal and entitled to
four bronze service stars on his Vietnam Service Medal and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm; and


      b.  awarding him the Army Good Conduct Medal for the period 13 October
1966 through 4 October 1968.
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.




                                  ____ Jeanette McCants_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016579                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|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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