PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002073720


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Melinda M. Darby		Chairperson
Mr. Roger W. Able		Member
Mr. Curtis L. Greenway		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 Separation from Active Duty) to show award of the Purple Heart, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Good Conduct Medal.

3. The applicant states that he was not given credit for Vietnam service or award of the Purple Heart. He indicates that he submitted a Purple Heart citation in support of his application; however, this citation was not attached to his application.

4. The applicant’s military records show that he enlisted in the Regular Army on 24 March 1971 for a period of three years. He successfully completed basic and advanced individual training and was awarded military occupational specialty 36K (wireman). He served in Vietnam from 7 September 1971 through 19 June 1972 and in Germany from 31 July 1972 through 13 March 1974. The applicant was honorably released from active duty on 15 March 1974. He subsequently served in the Army National Guard and was discharged on 28 October 1974.

5. The applicant's DD Form 214 does not show the Purple Heart, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal or the Good Conduct Medal as authorized awards.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in
item 40 (Wounds). The applicant's name is not listed on the Vietnam Casualty Roster.

7. The applicant’s service personnel records contain a Report of Medical Examination prepared on 19 February 1974 just prior to his separation from the Army. This document does not make reference to wounds sustained in combat or show wounds or injuries consistent with those received as a result of hostile action.

8. The applicant's DA Form 20 shows he served in Vietnam during the period 7 September 1971 through 19 June 1972 (a period of 9 months and 12 days). Award of the Vietnam Service Medal is listed in item 41 (Awards and Decorations) on his DA Form 20. This document also shows he received credit for participation in the Consolidation I Campaign, the Consolidation II Campaign and the "17th Unnamed Campaign" [Vietnam Cease-Fire Campaign] in
item 39 (Campaigns).

9. The applicant's DA Form 20 shows the entry "VCM" in item 41. There is no evidence that his discharge document was amended to show the Republic of Vietnam Campaign Medal.
10. 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. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11. The Board noted that the applicant is entitled to the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

12. The applicant's personnel records contain Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1225, dated 13 April 1972. These orders awarded him the Army Commendation Medal for meritorious service for the period September 1971 through April 1972.

13. 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, the 1st Battalion, 21st Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 54, dated 1974.

14. 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.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

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, 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.

18. 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. The Board noted the applicant's request for award of the Purple Heart. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.

2. Evidence of record shows the applicant served in Vietnam from 7 September 1971 through 19 June 1972 and received credit for participation in three campaigns during his tour.

3. Based on the applicant's period of qualifying service in Vietnam, he is entitled to the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 24 March 1971 to 15 March 1974 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show the Good Conduct Medal.

5. Orders show the applicant was awarded the Army Commendation Medal for meritorious service during the period September 1971 through April 1972. Therefore, his DD Form 214 will be amended to show the Army Commendation Medal.

6. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

7. 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 showing the individual concerned was awarded the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, the Good Conduct Medal, the Army Commendation Medal, and the Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

MMD____ RWA____ CLG___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Melinda M. Darby______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073720
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020820
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.