PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 16 JANUARY 2003
         DOCKET NUMBER: AR2002076629


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Marla J. N. Troup		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 records be corrected to reflect award of the Purple Heart for wounds sustained on 23 March 1969 and 19 May 1969. He notes that he was awarded the decorations while in the hospital but never received orders for either decoration. In support of his request he submits copies of award citations which confirm the wounds.

3. Records available to the Board indicate the applicant entered active duty on 29 June 1968. While undergoing training he qualified as a sharpshooter with the rifle and as a marksman with the automatic rifle. He was awarded the associated badges and component bars. However, those badges were omitted from his separation document.

4. In January 1969 the applicant was reassigned to Vietnam as an infantryman with the 4^th Battalion, 39^th Infantry. While in Vietnam the applicant was awarded a Distinguished Service Cross, Silver Star, two Bronze Star Medals for heroism and one for meritorious service, two Army Commendation Medals for heroism, the Combat Infantryman Badge and an Air Medal for meritorious achievement. The Distinguished Service Cross and one of the Army Commendation Medals were omitted from his separation document.

5. The evidence also indicates that the applicant was wounded on 25 February 1969, 15 March 1969, and 19 June 1969. Orders issued by the 9^th Infantry Division confirmed award of the Purple Heart in each instance. The applicant's Distinguished Service Cross citation, awarded for his heroic actions on 19 May 1969 and his Silver Star citation, awarded for his heroic actions on 23 March 1969, indicate the applicant was wounded during each of those actions. However, there are no orders in available records which confirmed he was awarded the Purple Heart for either of those incidents. His separation document, and item 41 (Awards and Decorations) on his Department of The Army Form 20 (Enlisted Qualification Record) does, however, indicate entitlement to four Purple Hearts, although only orders confirming three of the awards were available to the Board. His name appears twice among a list of individuals who were reported as casualties during the Vietnam War. The dates of his injuries were reported as
25 February and 15 March 1969.

6. In July 1969 the applicant was reassigned to Hawaii as part of a unit move. On 24 June 1970 the applicant was released from active duty, in pay grade E-5, with an honorable characterization of service.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

8. Army Regulation 600-8-22 also provides that the Army 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 Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal. The applicant's conduct and efficiency ratings throughout his military service were excellent and there was no evidence of misconduct or any disciplinary actions in records available to the Board.

9. A review of Department of the Army Pamphlet 672-3 indicates that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, while he was a member of the organization. The pamphlet also indicates that the applicant participated in three designated campaigns (Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall 1969) while in Vietnam. As such, he is entitled to three bronze service on the Vietnam Service Medal reflected on his separation document.

CONCLUSIONS:

1. Although the applicant's file does not contain orders confirming award of the Purple Heart for wounds sustained on 23 March and 19 May 1969, the Board accepts the information contained in the applicant's award citations as sufficient evidence to support his contention that he is entitled additional awards of the Purple Heart. As such, the Board concludes that the applicant's records should be corrected to reflect award of five Purple Hearts (25 February, 15 March,
23 March, 19 May, and 19 June 1969).

2. The Board also notes that the applicant's Distinguished Service Cross and one of his Army Commendation Medals with "V" device were omitted from his separation document. His records should be corrected to reflect those awards.

3. The evidence also confirms that the applicant qualified as a sharpshooter with the rifle, and as a marksman with the automatic rifle, and was awarded the associated badges and component bars. His records should be corrected accordingly.

4. As a result of the applicant's service in Vietnam he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze stars on his Vietnam Service Medal (VSM). The Board concludes that his records should be corrected accordingly.

5. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 24 June 1970. There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award. In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 29 June 1968 through 24 June 1970.

6. 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 awarding the applicant two Purple Hearts, one for wounds sustained on 23 March 1969 and one for wounds sustained on 19 May 1969;

         b. by showing that he was awarded a total of five Purple Hearts;

         c. by showing he was awarded the Distinguished Service Cross and two Army Commendation Medals for heroism;

         d. by showing that he qualified as a sharpshooter with the rifle, and as a marksman with the automatic rifle, and was awarded the associated badges and component bars; and

         e. by awarding him the Army Good Conduct Medal for the period 29 June 1968 through 24 June 1970 and by adding three bronze service stars to his VSM.

BOARD VOTE:

__RVO__ __AAO__ __MJNT _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076629
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030116
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.