PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 May 2002
         DOCKET NUMBER: AR2002067542


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. John T. Meixell		Member
Mr. Kenneth W. Lapin		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 DD Form 214 (Report of Transfer or Discharge) with an effective date of 18 April 1969 to show award of the Vietnam Campaign Medal and the Purple Heart.

3. The applicant’s request for award of the Bronze Star Medal with “V” Device and the Silver Star was addressed by separate correspondence.

4. The applicant states that he believes an error has been made by excluding these awards from his discharge document. In support of his application, he submits a copy of his DD Form 214 with an effective date of 18 April 1969; a DD Form 214 with an effective date of 12 November 1960; a National Guard Bureau Form 22 with an effective date of 13 February 1963; and copies of his DA Form 20 (Enlisted Qualification Record).

5. The applicant’s military records show that he enlisted in the Oklahoma Army National Guard on 1 June 1959. He was ordered to active duty for training on
14 May 1960 and was released from active duty on 12 November 1960 and returned to the National Guard to complete his remaining service obligation. He was honorably discharged from the National Guard on 13 February 1963.

6. The applicant was inducted on 26 April 1967, served as a light weapons infantryman in Vietnam and was honorably discharged on 18 April 1969.

7. The applicant’s DD Form 214 with an effective date of 18 April 1969 does not show the Vietnam Campaign Medal or the Purple Heart as authorized awards.

8. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 9 December 1967 through 14 March 1968, a total of
3 months and 5 days.

9. Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he sustained multiple fragment wounds to his right thigh and right leg on 31 January 1968. The Vietnam Casualty Roster shows that the applicant was wounded in action on 31 January 1968.

10. The applicant’s DD Form 214 shows award of the Vietnam Service Medal. Records show that during the applicant’s service in Vietnam he participated in two campaigns (Vietnam Counteroffensive, Phase III from 1 June 1967 to
29 January 1968; and Tet Counteroffensive from 30 January 1967 to 1 April 1968).

11. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971. This award is not shown on his discharge document.

13. 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 on Department of the Army General Orders Number 51, dated 1971. This award is not shown on his discharge document.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

15. 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.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

17. Army Regulation 600-8-22 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. Evidence of record shows the applicant served in Vietnam from 9 December 1967 through 14 March 1968, a total of 3 months and 5 days. In accordance with the governing awards regulation, qualifying service for award of the Vietnam Campaign Medal included assignment in Vietnam for 6 months or more if not evacuated prior to completing six months of service due to wounds resulting from hostile action. There is no evidence of record which shows the applicant was evacuated from Vietnam after he was wounded in action on 31 January 1968. Therefore, the Board determined that there is insufficient evidence on which to base award of the Vietnam Campaign Medal.

2. Evidence of record shows the applicant was wounded in action in Vietnam on 31 January 1968. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 18 April 1969 to show award of the Purple Heart.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 with an effective date of 18 April 1969 to show these awards.

4. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 26 August 1967 through 18 April 1969 ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his DD Form 214 with an effective date of 18 April 1969 to show this award.

5. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 18 April 1969 to show these unit citations.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the Vietnam Service Medal with two bronze service stars, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.


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

BOARD VOTE:

SAC____ JTM_____ KWL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Samuel A. Crumpler____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067542
SUFFIX
RECON
DATE BOARDED	20020507
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0088
2.	107.0015
3.	107.0000
4.
5.
6.