PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 May 2003
	DOCKET NUMBER:   AR2002080830

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		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 report of separation (DD Form 214) be corrected to reflect two awards of the Air Medal and an award of the Purple Heart.

3.  The applicant states that his two awards of the Air Medal and his award of the Purple Heart were not included on his DD Form 214 at the time of separation and that he has since lost his orders for those awards. 

4.  The applicant’s military records show that he enlisted in Albuquerque, New Mexico, on 12 September 1968, for a period of 3 years.  He successfully completed his training and on 28 January 1970, he was promoted to the pay grade of E-5.  On 10 April 1970, he was transferred to Vietnam, where he was assigned to Troop C, 7th Armored Squadron, 1st Cavalry Division, for duty as an aircraft armament repairman.  

5.  On 9 February 1971, he was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period of 23 August to 18 September 1970.

6.  He departed Vietnam on 24 April 1971 for Oakland, California, where he was honorably released from active duty (REFRAD) on 25 April 1971, as an early overseas returnee.  He had served 2 years, 7 months and 14 days of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal (VSM) and the Army Commendation Medal.

7.  On 4 October 1971, orders were published in Vietnam awarding the applicant the Air Medal with "V" Device for heroism on 7 February 1971.

8.  A review of the available records fails to show that the applicant was ever awarded the Purple Heart for wounds/injuries received in action against the enemy or that he was treated for such.  Additionally, his final separation physical examination fails to reveal any wounds or injuries and his name is not listed on the Vietnam Casualty Listing.  His records also contain no evidence of any derogatory information during his enlistment.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period he was assigned.  Additionally, he participated in three campaigns, which entitles him to three bronze service stars for wear on his already awarded VSM.

11.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded the Air Medal and the Air Meal with "V" Device and that they were not entered on his DD Form 214.  Accordingly it would be in the interest of justice to do so at this time.

2.  In regards to his contention that his records should show an award of the Purple Heart, the Board can find no evidence to show that he was wounded as a result of hostile action or that he was awarded the Purple Heart.  Therefore, in the absence of evidence to the contrary, there is no basis to award him the Purple Heart at this time.

3.  However, the evidence of record does show that his unit was awarded the RVNGC w/Palm Unit Citation and that he is entitled to be awarded three bronze service stars for wear on his already awarded VSM.

4.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 12 September 1968 through 25 April 1971.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

5.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

6.  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:

a.  by showing that the applicant was awarded the Air Medal and the Air Medal with "V" Device; and

b.  by awarding him the AGCM for the period of 12 September 1968 through 25 April 1971, the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already awarded VSM.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__lb ____  ___lem__  __fe ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002080830	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  64	107.0018/AM	
2.  61	107.0015/PH	
3.  102	107.0056/GCM	
4.  140	107.0094/RVNGC	
5.		
6.