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Decision Text

ARMY | BCMR | CY2001 | 2001065933C070421
Original file (2001065933C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2001065933


         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:

Ms. Margaret K. Patterson Chairperson
Mr. Elzey J. Arledge Member
Mr. Richard T. Dunbar 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 records be corrected to reflect his correct amount of service in Vietnam.

3. The applicant states, in effect, that his report of separation (DD Form 214) does not accurately reflect his service in Vietnam.

4. The applicant’s military records show that he was inducted in Phoenix, Arizona, on 21 September 1967. He successfully completed his training and was transferred to Vietnam on 4 March 1968, for duty as a light weapons infantryman. He was advanced to the pay grade of E-4 on 7 June 1968.

5. On 24 August 1968, he was seriously wounded by an enemy grenade booby trap and was evacuated for treatment. He was subsequently evacuated to Japan on 20 September 1968, and then to William Beaumont General Hospital (WBGH) in El Paso, Texas, on 29 September 1968. He remained at WBGH until he was honorably released from active duty (REFRAD) and was transferred to the Temporary Disability Retired List (TDRL) on 20 June 1969. On 1 February 1972, he was placed on the Permanent Disability Retired List (PDRL) with a 50% disability rating.

6. At the time of his REFRAD, his DD Form 214 reflected that he was awarded the National Defense Service Medal, the Combat Infantryman Badge and the Vietnam Service Medal. It also indicates that he only served 1 year and 9 months of total active service and that he only served 24 days of foreign service in Vietnam.

7. The applicant’s records also show that he was authorized awards of the Purple Heart and the Republic of Vietnam Campaign Medal; however, those awards were omitted from his DD Form 214. His records indicate that he had excellent conduct and efficiency ratings throughout his service and there is no record of any derogatory information contained therein.

8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant’s unit was awarded the Presidential Unit Citation (PUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class (RVNCAHM-FC) Unit Citation, during the period he served with the unit.

9. Army Regulation 600-8-22 outlines the criteria for award of the Good Conduct Medal (GCMDL). It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL. Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.

CONCLUSIONS:

1. The applicant clearly served in Vietnam from 4 March 1968 until he was evacuated to Japan on 20 September 1968. Accordingly, his records should be corrected to reflect his service in Vietnam and his overseas service from 4 March 1968, until he was evacuated to WBGH on 29 September 1968.

2. The applicant was also awarded the Purple Heart and the RVNCM that were omitted from his DD Form 214 at the time of his separation. Accordingly, it would be in the interest of justice to add them to his DD Form 214 at this time.

3. The applicant was also entitled to be awarded the PUC, the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation. Therefore, it would be appropriate to correct the oversight at this time.

4. The Board also finds that the applicant’s service was exemplary and can find no disqualifying factor that would prevent him being awarded the GCMDL. Accordingly, the Board finds that it would be in the interest of justice to award him the GCMDL for his service during the period of 21 September 1967 through 20 June 1969.

5. 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:

a. by showing that the individual performed foreign service from 4 March to 29 September 1968 and that he served in Vietnam from 4 March to 20 September 1968.

         b. by showing that he was awarded the Purple Heart and the RVNCM; and


         c. by awarding him the PUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and the GCMDL for the period of 21 September 1967 through 20 June 1969.

BOARD VOTE:

___rtd___ __mkp __ __eja____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2001065933
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/04/11
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 189 110.0000/CORR 214
2. 61 107.0015/PH
3. 77 107.0031/puc
4. 102 107.0056/gcmdl
5. 134 107.0088/rvncm
6. 140 107.0094/rvngc/rvncahm


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