PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 August 2002
         DOCKET NUMBER: AR2002068780


         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. Joann H. Langston		Chairperson
Mr. Raymond V. O’Connor, Jr.		Member
Ms. Barbara J. Lutz		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.

3. The applicant states that he was injured in Vietnam when he stepped on a booby trap and a spike was driven into his right foot and ankle and he also received shrapnel wounds to the forehead when a rocket hit a truck he was riding in. He goes on to state that he was treated by a medic and the scars are still visible. He also states that he would like to receive his Purple Heart while he is still living and provides a copy of his separation physical showing his injuries. He also provides several newspaper articles of former servicemen who received awards after their separation from the service as well as an obituary of his commanding general at the time he served in Vietnam.

4. The applicant’s military records show that he was inducted in Cleveland, Ohio on 27 January 1969. He successfully completed his training at Fort Jackson, South Carolina, and remained at Fort Jackson until he was transferred to Vietnam on 22 February 1970. He was assigned to the 199^th Light Infantry Brigade as a unit supply specialist and was promoted to the pay grade of E-5 on 3 September 1970. On 18 October 1970, he was transferred to the 228^th Aviation Battalion for duty as an armorer.

5. He departed Vietnam on 24 December 1970 and was transferred to Fort Knox, Kentucky, where he was honorably released from active duty (REFRAD) on 11 January 1971, as an early overseas returnee. He had served 1 year, 11 months and 15 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the Bronze Star Medal. His records show that he had excellent conduct and efficiency ratings and there is no evidence of any disciplinary action being taken against him during his service.

6. At the time of his REFRAD, he underwent a physical and medical examination which indicates that he suffered an abrasion and contusion of the forehead in Vietnam and a contusion and laceration of the right leg in Vietnam. His records make no indication that he was wounded/injured in action against the enemy nor does his name appear of the Vietnam Casualty Listing. A search of records at the National Archives in College Park, Maryland, also failed to provide any evidence that he was wounded/injured in action against the enemy.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to his departure, the applicant’s unit was awarded the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation, the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Valorous Unit Award (VUA) for the period he was assigned.

9. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

10. That regulation also provides the criteria for award of the bronze service star. It provides, in pertinent part, that one bronze service star will be awarded for each campaign in which an individual serves and will be worn on the Vietnam Service Medal. The applicant participated in three campaigns during his service in Vietnam.

CONCLUSIONS:

1. Although the applicant’s separation medical examination indicates that the applicant sustained injuries in Vietnam, there is no evidence in the available records to show that the applicant was wounded or injured in Vietnam during an action by enemy forces. Accordingly, in the absence of evidence to the contrary, there appears to be no basis to correct his records to show that he was awarded the Purple Heart.

2. Given the absence of evidence indicating that he was reported or treated as a casualty, the Board must presume that his injuries were not combat related.

3. However, the Board does find that he was entitled to be awarded the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation, the VUA and three bronze service stars for wear on his already awarded VSM, to denote his participation in three campaigns.

4. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 27 January 1969 through 11 January 1971. This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

5. The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

6. 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 individual concerned the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation, the VUA, three bronze service stars and the AGCM for the period of 27 January 1969 through 11 January 1971.

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

BOARD VOTE:

___jhl___ __bjl____ __rvo ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joann H. Langston____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068780
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/08/22
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61	107.0015/PH
2. 79	107.0033/VUA
3. 102	107.0056/AGCM
4. 140	107.0094/VNGC
5. 141	107.0095/VNCA
6.