PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 31 OCTOBER 2002
         DOCKET NUMBER: AR2002076777


         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. Curtis L. Greenway		Chairperson
Ms. Regan K. Smith		Member
Mr. Donald P. Hupman, Jr.		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 his records be corrected to reflect award of the Purple Heart. He states he was originally awarded the decoration in 1986 or 1987 and that it was reissued in 1997. He states, in effect, that the award was based on a wound he sustained in July 1969 while in Vietnam. In support of his request he submits a copy of his 1997 Purple Heart award certificate.

3. Records available to the Board indicate the applicant the applicant entered active duty on 19 June 1968. He successfully completed training, was briefly assigned to Fort Dix, New Jersey as a drill sergeant, and in June 1969 was assigned to Vietnam. While in Vietnam the applicant was assigned to the 1^st Battalion, 501^st Infantry as an infantry team leader. He was awarded, among other things, the Combat Infantryman Badge, two Air Medal, an Army Commendation Medal and a Bronze Star Medal.

4. According to entries in his service medical records, he was treated for fragment wounds on 25 July 1969. There is no indication he was awarded the Purple Heart and his name is not among those listed as combat casualties during the Vietnam War. There were no additional medical records available to the Board beyond his 25 July 1969 records of treatment for fragment wounds.

5. The applicant departed Vietnam in June 1970 and 11 June 1970 he was released from active duty, with an honorable characterization of service, in pay grade E-5.

6. Although there is no indication the applicant was awarded the Purple Heart in 1986 or 1987, officials at the Army Reserve Personnel Center in St. Louis awarded the applicant the Purple Heart in May 1997 and authorized issuance of the decoration. Their decision was apparently based on the 25 July 1969 medical record regarding the applicant's treatment for fragment wounds. His records do not contain any orders confirming the award.

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. 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 during his tenure with the 1^st Battalion, 501^st Infantry. The pamphlet also indicates the applicant would have participated in three designated campaigns (Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive) which should be represented by bronze service stars on the Vietnam Service Medal already reflected on his separation document.

9. Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960). The Government of Vietnam awarded this medal 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 service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its 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 wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

10. 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 and his conduct and efficiency ratings throughout his military service were excellent. There is no evidence of any misconduct or disciplinary actions in the applicant's file.

CONCLUSIONS:

1. The Board accepts the applicant 25 July 1969 medical treatment record as evidence that he was wounded as a result of hostile action and as such concludes that it would be appropriate to confirm his entitlement to the Purple Heart issued by officials at the Army Reserve Personnel Center in 1997. It would be appropriate to correct his records to reflect that award.

2. The Board also notes that the applicant 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, the Republic of Vietnam Campaign Medal with Device (1960) and three bronze service stars on his Vietnam Service Medal. His record should be corrected accordingly.

3. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 11 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 19 June 1968 through 11 June 1070.

4. 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 confirming entitlement to the Purple Heart which was awarded and authorized by officials at the Army Reserve Personnel Center in 1997 and adding that decoration to the applicant's file;

b. by showing that 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, the Republic of Vietnam Campaign Medal with Device (1960); and three bronze service stars on his Vietnam Service Medal; and

c. by awarding him the Army Good Conduct Medal for the period 19 June 1968 through 11 June 1970.

BOARD VOTE:

__CLG__ __RKS __ __DPH _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Curtis L. Greenway____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076777
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021031
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.