PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 21 March 2002
         DOCKET NUMBER: AR2001064863


         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Linda D. Simmons		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.

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2. The applicant requests correction of his military records to show award of the Purple Heart while stationed in the Republic of Vietnam (RVN).

3. The applicant states, in effect, that the award for the Purple Heart was never entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He further states that he has been receiving treatment from the Department of Veterans Affairs, but had no time to attend to the award not being entered on his DD Form 214. In support of his claim, the applicant provides a photocopy of the Purple Heart Certificate dated 19 March 1969.

4. The applicant’s military records show that he was inducted 22 August 1968. He was trained in military occupational specialty (MOS) 11B10 (Light Weapons Infantryman). He served for 10 months and 6 days in RVN. In November 1969, he returned from overseas and was assigned to Fort Hood, Texas for further duty.

5. On 21 August 1970, he was separated with an honorable characterization of service due to the end of his active duty obligation of service. The highest rank he attained while on active duty was in pay grade E-4. He was credited with
2 years of active service. He was then transferred to the Army Reserve Control Group (Standby) and remained in that status until 1 August 1974, when he was separated with an honorable discharge. His conduct and efficiency ratings, following his basic combat training, were exclusively excellent throughout his enlistment.

6. At the time of his separation, his DD Form 214, item 24 (awards and decorations) showed the following awards, the RVN Service Medal with three Bronze Service Stars, the Army Commendation Medal, the National Defense Service Medal, the RVN Campaign Medal with Device (1960), the Expert Badge with Rifle Bar and the First Class Gunner Badge with M-60 machine Gun Bar, and the Combat Infantryman Badge.

7. On 12 May 1977, the Army Reserve Personnel Center issued a DA Form
1577 (Authorization for Issuance of Awards). On this form was listed the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the RVN Service Medal with three bronze service stars, the Combat Infantryman Badge, the RVN Campaign Medal with Device (1960), the Expert Badge with Rifle Bar and the First Class Gunner Badge with M-60 machine Gun Bar. The notation was made that available records did not indicate that he was entitled to any other awards.

8. However, the applicant’s DA Form 20 (Enlisted Qualification Record),
item 40 (wounds) shows an entry dated 19 March 1969, indicating he received multiple fragment wounds to his right arm, right leg, scalp and fracture of his right cranium and his name also appears on the Vietnam Casualty Roster for wounds received in action on 19 March 1969. In addition, the applicant’s record also shows that a Western Union Telegram from the Secretary of the Army was sent to his parents advising them of his condition, after he was wounded in action in Vietnam on 19 March 1969.

9. In addition, the applicant’s record shows that General Order 14813, Headquarters 25th Infantry Division, on 29 November 1969, awarded him the Bronze Star Medal, for the meritorious service in connection with military operations against hostile forces from January 1969 to January 1970.

10. 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 RVN Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 21, dated 1969.

11. The 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 Department of the Army General Orders Number 51, dated 1971 for the period
1 January 1966 - 21 January 1970.

12. 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.

13. Army Regulation 600-8-22 also 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. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than excellent was disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, nonfavorable consideration was normally noted on the DA Form 20.

CONCLUSIONS:

1. The evidence of record substantiates that the applicant was awarded the Purple Heart as shown by the certificate he provided.

2. Additionally, evidence of record shows that the applicant is entitled to the Bronze Star Medal for meritorious service.

3. The applicant distinguished himself by his conduct efficiency and fidelity during a qualifying period and earned an award of the Good Conduct Medal.

4. Further, a review of Department of the Army publications concerning unit awards shows that during the time the applicant was assigned to the RVN, the unit to which he was assigned earned credit for award of the RVN Cross of Gallantry with Palm Unit Citation and the RVN Civil Actions Medal Unit Citation. These awards should also be added to his DD Form 214.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by adding the following awards and decorations to item 24 on his DD Form
214 issued to him on 21 August 1970:

a. the Purple Heart Medal.

b. the Bronze Star Medal;

c. the Good Conduct Medal;

d. the RVN Cross of Gallantry with Palm Unit Citation; and

e. the RVN Civil Actions Medal Unit Citation.

BOARD VOTE:

___JNS__ __LDS__ __JTM___ GRANT AS STATED IN RECOMMENDATION

________ _______ _________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __ John N. Slone __
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064863
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002.03.21
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR635-200
DISCHARGE REASON	A107.0000
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0015
3.	107.0056
4.	107.0094
5.	107.0095
6.