PROCEEDINGS    

	IN THE CASE OF:      

	BOARD DATE:            26 November 2002
	DOCKET NUMBER:    AR2002077503

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumper		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Hubert O. Fry		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 correction of records to show award of the Purple Heart.

3.  The applicant states that he was wounded in Vietnam on 23 November 1967 and his award of the Purple Heart was not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he was inducted on 14 November 1966 and completed training as an infantryman.  He served in Vietnam from 9 June 1967 through 5 June 1968 and was separated on 14 September 1968.  His character of service was honorable and he had completed a total of 1 year, 10 months and 1 day of creditable active service.  His separation document shows no lost time.

5.  In support of his request, he submits a copy of a certificate, which reflects that he was awarded the Purple Heart for wounds received in action on 23 November 1967, in Vietnam.

6.  His DD Form 214, signed by the applicant, reflects that he was awarded the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the National Defense Service Medal, and the Sharpshooter Badge (Rifle). The Purple Heart is not listed as an authorized award.  

7.  The Vietnam Casualty List reflects the applicant as a casualty effective 23 November 1967.

8.  Army Regulation 600-8-22 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.

9.  The same regulation provides that a Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  In the applicant's case, he is entitled to wear four Bronze Service Stars for his participation in the Vietnam Counteroffensive Phase II, III, IV and Tet Counteroffensive Campaigns.

10.  Department of the Army Pamphlet 672-3 provides, in pertinent part, that based on Department of the Army General Orders Number 8, dated 19 March 1974, provides that all units assigned to Vietnam between 8 February 1962 and 28 March 1973, were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  The same regulation 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 Purple Heart award certificate and his listing on the Vietnam Casualty List established that the applicant was wounded in Vietnam.  Therefore, he is entitled to correction of his records to show award of the Purple Heart.

2.  The applicant served in four campaigns during his service in Vietnam.  Therefore, he is entitled to four Bronze Service Stars to be worn on his Vietnam Service Medal and correction of his records to show award of the Vietnam Service Medal with four bronze service stars. 

3.  Similarly, the applicant’s service was meritorious, as evidenced by his promotion to specialist.  Likewise, the record is devoid of any evidence of disciplinary action taken against him.  As such, it would appear that the absence of the Good Conduct Medal for the period of his service from 14 November 1966 through 14 September 1968 was in error and he is entitled to the award and to a correction of his records to show this award.

4.  General Orders show that the unit to which the applicant’s was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show the award.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart, four Bronze Service Stars to be worn on his Vietnam Service Medal, the Army Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

___sac__  ____hof__  ___rwa__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Samuel A. Crumper_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002077503	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021126	
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.	107.0000.0000	
2.		
3.		
4.		
5.		
6.