PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 March 2003      
	DOCKET NUMBER:   AR2002078633

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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.

3.  The applicant states that he was hit by shrapnel on the right side of his chest in Vietnam.   

4.  The applicant’s military records show that he was inducted on 5 December 1967.  He served as a cook in Vietnam from 15 May 1968 through 11 May 1969 and was honorably released from active duty on 4 December 1969.

5.  The applicant's DD Form 214 does not show the Purple Heart as an authorized award.

6.  The applicant's service personnel records contain a Western Union Telegram, dated 3 September 1968, which shows that he was slightly wounded in Vietnam on 2 September 1968 as a result of hostile action. 

7.  The Vietnam Casualty Roster shows the applicant was wounded in action on 2 September 1968.

8.  Americal Division General Orders Number 3174, dated 6 May 1969, show the applicant received the Army Commendation Medal for meritorious service for the period May 1968 to May 1969.  This award is not shown on his DD Form 214.

9.  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.
 
10.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in four campaigns during his assignment in Vietnam.

11.  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 55, dated 1971.  This award is not shown on his DD Form 214.
 
12.  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, and the medical treatment must have been made a matter of official record.
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.  

14.  Army Regulation 600-8-22, 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.

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in Vietnam on 
2 September 1968 as a result of hostile action.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.  

2.  The applicant received the Army Commendation Medal.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 5 December 1967 through 4 December 1969 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 DD Form 214 to show this award.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.   

5.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

6.  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 that the individual concerned was awarded the Purple Heart, the Army Commendation Medal, the first award of the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

JNS____  MHM____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone___________
		        CHAIRPERSON

INDEX

CASE ID	AR2002078633	
SUFFIX		
RECON		
DATE BOARDED	20030325	
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.