PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 September 2001
         DOCKET NUMBER: AR2001060384


         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
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Kenneth W. Lapin		Member
Ms. Paula Mokulis		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.

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2. The applicant requests that he be awarded the Purple Heart and the Bronze Star Medal (BSM).

3. The applicant states that he was shot on 6 February 1951 in Korea.

4. The applicant’s military records show that he entered active duty on 30 December 1948. He arrived in Korea on or about 20 April 1949. General Orders 168, Headquarters, 24^th Infantry Division dated 5 February 1951 awarded him the BSM. On 6 February 1951, he was wounded in action when he was struck by enemy small arms fire. General Orders 72, Osaka Army Hospital, 8009^th Army Unit dated 12 February 1951 awarded him the Purple Heart. He was medically evacuated from Korea on 12 March 1951.

5. On 15 May 1952, the applicant was discharged for the purpose of immediate reenlistment. His Service Record, WD AGO Form 24A, shows that he was favorably considered for award of the Army Good Conduct Medal. His Report of Separation, DD Form 214, for this date shows that he was awarded the BSM but not the Purple Heart or the Army Good Conduct Medal. Item 29 does not indicate he was wounded in action.

6. The applicant later served in Vietnam with the 162d Aviation Company from on or about 15 January 1966 through 7 January 1967. He served through two campaigns.

7. The applicant retired on 30 April 1969 after having over 20 years of continuous active service. His DD Form 214 for the period ending 30 April 1969 shows that he was awarded one overseas service bar and the second award of the Army Good Conduct Medal. His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as excellent throughout his service.

8. Army Regulation 635-5, effective 1 February 1967 and effective at the time of the applicant’s retirement on 30 April 1969 stated that item 24 of the DD Form 214 was to list all decorations, service medals and badges awarded or authorized as taken from the DA Form 20 or the Officer Qualification Record, DA Form 66.

9. Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. It states that the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. At the time of the applicant’s service, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service. The regulation also states that effective 3 November 1966, the Distinguished Unit Citation was redesignated the Presidential Unit Citation.
10. Department of the Army Pamphlet 672-3 shows that the 162d Aviation Company was awarded the Valorous Unit Award for the period 4 through 20 November 1966, the Meritorious Unit Citation for the period 1 January through 31 December 1967, the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 1 March 1966 through 26 March 1967, and the Republic of Vietnam Civil Actions Honor Medal First Class for the period 19 December 1966 through 28 June 1969.

11. Army Regulation 670-1 prescribes the authorization for wear of uniforms. In pertinent part, it states that one overseas service bar is authorized for each period of 6 months’ active Federal service in Korea from 27 June 1950 through 27 July 1954 and in Vietnam from 1 July 1958 through 28 March 1973.

CONCLUSIONS:

1. The applicant was awarded the BSM and the Purple Heart. However, the Purple Heart was not entered on his DD Form 214 for the period ending 15 May 1952. In addition, his wounds were not entered in item 29.

2. The applicant had been favorably considered for award of the Army Good Conduct Medal during his first period of service but there is no evidence to show he was awarded it. At the time of his retirement on 30 April 1969 after over 20 years of continuous service, he had been awarded only two Army Good Conduct Medals. He met the eligibility criteria for award of six Army Good Conduct Medals (for the periods 30 December 1948 through 29 December 1951, 30 December 1951 through 29 December 1954, 30 December 1954 through 29 December 1957, 30 December 1957 through 29 December 1960, 30 December 1960 through 29 December 1963, and 30 December 1963 through 29 December 1966.

3. The applicant’s DD Form 214 for the period ending 30 April 1969 contains an administrative error by not listing all the awards and decorations the applicant had been awarded. The Board notes that his DA Form 20, item 41 is incomplete in that it does not list all his awards and decorations (several listed on his DD Form 214 for the period ending 15 May 1952 are not listed). This DD Form 214 also contains an administrative error by showing he was awarded one overseas service bar. As an item of uniform wear and not an award or decoration, the overseas service bar should not be entered on the DD Form 214. However, as the DD Form 214 already lists it, it should be corrected to show the two overseas service bars he is actually authorized to wear (one for his 8 months and 16 days service in Korea and one for his 11 months and 26 days service in Vietnam).

4. The applicant was assigned to a unit during a period of time that unit was awarded the Valorous Unit Award, the Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class and so those awards should be listed on his DD Form 214 for the period ending 30 April 1969.

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 awarding the applicant the Army Good Conduct Medal for the periods 30 December 1948 through 29 December 1951, 30 December 1951 through 29 December 1954, 30 December 1954 through 29 December 1957, 30 December 1957 through 29 December 1960, 30 December 1960 through 29 December 1963, and 30 December 1963 through 29 December 1966.

2. That the applicant’s DD Form 214 for the period ending 15 May 1952, item 27 be amended to add the Purple Heart and the Army Good Conduct Medal and item 29 be amended to show he received a bullet wound on 6 February 1951 in Korea.

3. That the applicant’s DD Form 214 for the period ending 30 April 1969, item 24 be amended to delete the current entries and to show he was awarded the Bronze Star Medal, the Purple Heart, 6 awards of the Army Good Conduct Medal, the Army of Occupation Medal with Japan and Germany clasps, the Combat Infantryman Badge, the Korean Service Medal with 4 bronze service stars, the Presidential Unit Citation, the Republic of Korea Presidential Unit Citation, the National Defense Service Medal with 1^st oak leaf cluster, the Sharpshooter Badge with rifle bar, the Vietnam Service Medal with 2 bronze service stars, and the Republic of Vietnam Campaign Medal with device 1960.

BOARD VOTE:

__rjw___ __kwl___ __pm____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Raymond J. Wagner
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001060384
SUFFIX
RECON
DATE BOARDED	20010920
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0014
3.
4.
5.
6.