PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 January 2003    
	DOCKET NUMBER:   AR2002078377

	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:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Patrick H. McGann		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 his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart for wounds received as a result of hostile action in 1966.   

3.  The applicant states, in effect, that his discharge document should indicate that he sustained a shrapnel wound to his left leg in 1966 and that he was awarded the Purple Heart.  In support of his application, he submits a copy of his DD Form 214. 

4.  The applicant’s military records show that he was inducted on 15 September 1964.  He served as an infantry direct fire crewman in Vietnam from 4 January 1966 through 8 September 1966 and was honorably released from active duty on 13 September 1966.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 shows the entry, “NONE.”

6.  The applicant’s service personnel records contain 25th Infantry Division General Orders Number 1021, dated 11 September 1966, which show the applicant was awarded the Purple Heart for wounds received in action on 14 July 1966 in Vietnam.

7.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in two campaigns during his assignment in Vietnam.

8.  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.

9.  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 unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during January to April 1966 by Department of the Army General Orders Number 20, dated 1967.  This award is not shown on his discharge document.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.  This award is not shown on his discharge document.
11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  This award is not shown on his discharge document.
   
12.  Army Regulation 600-8-22 (Military Awards), 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.

13.  Army Regulation 600-8-22 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 applicant received the Purple Heart for wounds received in action on 
14 July 1966 in Vietnam.  Therefore, the applicant is entitled to correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) and item 27 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 15 September 1964 through 13 September 1966 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant is entitled to correction of his records to show this award.

4.  The applicant’s unit received the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit awards.    
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:

	a.  by deleting the entry, “VIETNAM SERVICE MEDAL” in item 
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned;

	b.  by showing the entries, “Purple Heart”, “Vietnam Service Medal with two bronze service stars”, “Good Conduct Medal”, “Valorous Unit Award”, “Republic of Vietnam Gallantry Cross with Palm Unit Citation” and “Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation” in item 
26 on the DD Form 214; 

	c.  by deleting the entry, “NONE” in item 27 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214; and

	d.  by adding the entry, “Vietnam, 14 July 1966” in item 27 on his DD Form 214.  

BOARD VOTE:  

KAN____  GJW____  PHM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Kathleen A. Newman__
		        CHAIRPERSON

INDEX

CASE ID	AR2002078377	
SUFFIX		
RECON		
DATE BOARDED	20030123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.