PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           3 December 2002                   
	DOCKET NUMBER:   AR2002075606

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Charmane collins		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.

2.  The applicant requests that his separation document be corrected by adding his Bronze Star Medal (BSM) with “V” device and oak leaf cluster, his Army Commendation Medal (ARCOM) with “V” device, and his Purple Heart (PH).

3.  The applicant states his military record is correct with the exception of these omissions.

4.  The applicant’s military records show that he was inducted and entered on active duty on 20 September 1967.  He was awarded the military occupational specialty of infantryman and was assigned to Vietnam on 3 March 1968.

5.  While in Vietnam, he was awarded the ARCOM for Valor by General Orders Number 13458, dated 26 December 1968, published by Headquarters, 1st Infantry Division.  He was awarded the BSM for Valor by General Orders Number 202, dated 12 January 1969, published by Headquarters, 1st Infantry Division.  He was awarded the oak leaf cluster (second award) of the BSM, for Meritorious Service, by General Orders Number 1063, dated 8 February 1969, published by Headquarters, 1st Infantry Division.  While in Vietnam the applicant was promoted to pay grade E-5.

6.  On 26 April 1969 the applicant was honorably released from active duty due to his having insufficient time remaining on his induction to warrant reassigning him after his return from Vietnam.  His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Combat Infantryman Badge.

7.  The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has no entries.  The applicant’s separation physical examination does not indicate that the applicant suffered any wounds.

8.  Army Pamphlet 672-3 (unit citation and campaign register) indicates that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.  This regulation also shows that the applicant's unit in Vietnam was awarded the RVN Civil Actions Honor Medal First Class Unit Citation, for the time in which the applicant was assigned.

9.  Army Regulation 600-8-22 provides that the PH is awarded for wounds 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.

10.  Army Regulation 600-8-22 also 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

CONCLUSIONS:

1.  The applicant earned the BSM with “V” device and oak leaf cluster, and the ARCOM with “V” device.  These decorations should be added to his separation document.

2.  In addition, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant’s record depicts only distinguished service.  As such, it would appear that the applicant should have been awarded the Good Conduct Medal.

4.  However, there is insufficient evidence in the record and he has submitted no evidence to support his request for the PH.

5.  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:

	a.  awarding to the individual concerned the Good Conduct Medal for the period 20 September 1967 through 26 April 1969;

	b.  awarding to him the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation; and

	c.  adding these awards to his separation document along with the BSM with “V” device and oak leaf cluster, and the ARCOM with “V” device.
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___fne__  ___jea___  ____cc__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002075606	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021203	
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.