PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 January 2002
         DOCKET NUMBER: AR2001065619


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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, in effect, that his record be corrected to show he was wounded in action.

3. The applicant states, in effect, that he was wounded in action while serving in the Republic of Vietnam (RVN). He claims that his unit had crossed over into Cambodia and was caught in an ambush. He claims that he was hit by shrapnel in the leg and groin area and lost the use of his testicle and never was awarded the Purple Heart for this wound. Finally, he indicates that his mother had all his military papers and did not return them to him until 1999, and it was not until then that he discovered the error in his record.

4. The applicant’s military records show that on 20 August 1969, he was inducted into the Army of the United States for 2 years. He successfully completed training, was awarded military occupational specialty (MOS)
11B (Infantryman) and he was assigned to the RVN for his first permanent duty station.

5. On 20 January 1970, he arrived in the RVN and on 23 January 1970 he was further assigned to A Company, 7^th Support Battalion, 199^th Light Infantry Brigade. On 2 February 1970, he was reassigned to B Company, 5^th Battalion, 12^th Infantry, 199^th Light Infantry Brigade; and on 15 September 1970, he was reassigned to A Company, 2^nd Battalion (Airmobile), 502^nd Infantry Regiment, where he served until departing the RVN on 11 December 1970.

6. Item 40 (Wounds) of the applicant’s Enlisted Qualification Record
(DA Form 20) confirms that on 16 May 1970, he received fragmentation wounds to his arm and groin area that resulted in the loss of 50 percent use of his right testicle.

7. The entry in item 40 of the applicant’s DA Form 20 is supported by a casualty report message on file in his Military Personnel Records Jacket (MPRJ). This message confirms that he was wounded in action on 16 May 1970, when he received a fragmentation wound to the right groin area during a firefight with a hostile force, while serving as a private first class on a combat operation in Cambodia. It also verifies that he was treated for this wound at the
93^d Evacuation Hospital, RVN. The MPRJ also contains a copy of General Order (GO) Number (#) 977, dated 13 September 1970, published by the 199^th Infantry Brigade, RVN, that awarded the applicant the Purple Heart (PH) based on this incident.

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8. The applicant’s MPRJ also contains a copy of GO # 2946, dated 3 July 1970, published by Headquarters, United States Army Vietnam, which awarded him the Army Commendation Medal (ARCOM), for meritorious achievement based on action between 20 January and 19 June 1970. In addition, his record contains no indication that he committed any infractions that would have disqualified him from receiving the Army Good Conduct Medal (AGCM) or that he was ever disqualified for this award by any of his unit commanders.

9. On 11 December 1970, the applicant departed the RVN and was assigned to Fort Hood, Texas, where he arrived for duty on 20 January 1971, and served until being honorably separated on 19 August 1971. The separation document (DD Form 214), issued to and authenticated by the applicant on the date of his separation, confirms that he was honorably released from active duty on
19 August 1971. This document also shows that at the time of separation, he had completed a total of 2 years of active military service and that he was separated under the provisions of Army Regulation 635-200 at the expiration of his term of service.

10. The DD Form 214 also lists the following awards earned by the applicant during his active duty tenure: National Defense Service Medal; Vietnam Service medal with 2 bronze service stars; Republic of Vietnam Campaign Medal; Combat Infantryman Badge; Bronze Star Medal; and Expert Marksmanship Badge (M-16 Rifle and M-60 Machine Gun). The PH, ARCOM, and AGCM are not included in the list of awards contained in this separation document.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Chapter 4 prescribes the policy for award of the AGCM and states, in pertinent part, that it is authorized for periods of honorable service and that it is the immediate commander’s decision to award the AGCM. Although award of the AGCM is not automatic, current policy requires that a specific disqualification be on file to deny the award. The regulation stipulates that, in the case of the first award only, a period of 1 or more years is a qualifying period for the AGCM if it is awarded at the termination of a period of active service.

12. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that units with which the applicant served earned the following awards during his tenure of assignment: Valorous Unit Award, for the period 1 May through 29 June 1970, as authorized in Department of the Army General Order (DAGO) 43, issued in 1972; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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CONCLUSIONS:

1. The evidence of record confirms that on 16 May 1970, while assigned to the RVN and on a combat operation in Cambodia, the applicant was wounded in action; and as a result, he was awarded the PH.

2. Although the applicant’s being wounded in action is well documented in his record, the PH he received was erroneously omitted from the list of awards contained in his separation document. In addition, an ARCOM he earned was also excluded from the list of awards in his DD Form 214. Therefore, the Board finds it would be appropriate to add these awards to his separation document at this time.

3. In addition, the record verifies that the applicant completed 2 years of honorable active military service from 20 August 1969 through 19 August 1971. Lacking a disqualification from any of his unit commanders and the absence of any derogatory information that would preclude him from receiving the award, the Board concludes his service satisfies the qualifying period criteria necessary to be awarded the first award of the AGCM. Thus, it concludes that it would be appropriate to award him the AGCM at this time.

4. The record also confirms that based on his unit service in the RVN, the applicant is entitled to the following unit awards: Valorous Unit Award; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Thus, the Board also finds it would be in the interest of justice to add these awards to his records at this time.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

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RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Army Good Conduct Medal, for his honorable service from 20 August 1969 through 19 August 1971; by adding the Purple Heart, Army Commendation 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, to the list of awards already contained in his separation document; and by providing him a corrected separation document that includes these changes.

BOARD VOTE:

__AAO__ _ _MHM__ __KAH GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065619
SUFFIX
RECON
DATE BOARDED	2002/01/29
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1971/08/19
DISCHARGE AUTHORITY	AR 635-200 C2
DISCHARGE REASON	ETS
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2. 46	107.0000
3.
4.
5.
6.