| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Arthur A. Omartian | Chairperson | ||
| Mr. Thomas Lanyi | Member | ||
| Mr. Harry B. Oberg | Member |
2. The applicant requests that his records be corrected to reflect his award of the Purple Heart.
3. The applicant states, in effect, that he was awarded the Purple Heart for shrapnel wounds received on 31 May 1969 that was not included on his report of separation (DD Form 214). In support of his application he submits a statement from a fellow soldier who indicates that he was also wounded on the same day. His counsel supports his requests and asks that the Board also correct his record to add additional awards due the applicant.
4. The applicant’s military records show that he was inducted at Fort Jackson, South Carolina, on 28 May 1968. He completed his training at Fort Jackson and was transferred to Vietnam on 2 November 1968. He was assigned to Company A, 3d Battalion, 12th Infantry Regiment for duty as an infantry indirect fire crewman. He was promoted to the pay grade of E-5 on 2 October 1969.
5. He departed Vietnam on 25 October 1969 and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty (REFRAD) on 27 May 1970, due to the expiration of his term of service (ETS). He had served 2 years of total active service and his DD Form 214, issued at the time of his REFRAD, indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) with three bronze service stars, the Republic of Vietnam Campaign Medal and the Combat Infantryman Badge.
6. A review of the available records fails to show that he was reported as a casualty or that he was awarded the Purple Heart. However, his records do show that at the time of his separation physical examination, the examining physician noted that the applicant had been wounded in Vietnam and was treated for multiple fragmentation wounds to the left side and right arm.
7. A review of his records also shows that subsequent to his departure from Vietnam, orders were published which awarded the applicant the Army Commendation Medal (ARCOM) and the Bronze Star Medal (BSM) with "V" Device for heroism. His records also show that he had excellent conduct and efficiency ratings throughout his service and contains no derogatory information.
8. 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 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.
9. Army Regulation 672-5-1, in effect at the time, also 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. The regulation outlines the criteria for award of the Good Conduct Medal (GCMDL) and provides, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL. Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.
10. Department of the 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 the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation for the period he served with the unit.
CONCLUSIONS:
1. Although the Board did not have the benefit of reviewing all of the applicant's medical records, the applicant's separation physical clearly shows that the applicant was wounded and treated for multiple fragmentation wounds in Vietnam. Therefore, given the corroborating statement from a fellow soldier who was wounded the same day, the Board finds it reasonable to presume that he was in fact awarded the Purple Heart as he contends.
2. The Board also notes that he was awarded the BSM with "V" Device and the ARCOM for his heroism and service in Vietnam, that were not added to his DD Form 214 at the time of separation.
3. The Board also notes that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL. Therefore, it must be presumed that the failure to award him the GCMDL was the result of an administrative error. Accordingly, it would be in the interest of justice to award him the GCMDL for the period of 28 May 1968 to 27 May 1970.
4. Additionally, the applicant is entitled to be awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.
5. 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 by showing that he was awarded the Purple Heart, the BSM w/ "V" Device, the ARCOM and by awarding him the GCMDL for the period of 28 May 1968 through 27 May 1970, the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.
BOARD VOTE:
___hbo__ ___tl____ __ao____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Arthur A. Omartian____
CHAIRPERSON
| CASE ID | AR2002081269 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/08/28 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015/PH |
| 2. 60 | 107.0014/BSM |
| 3. 66 | 107.0020/ARCOM |
| 4. 102 | 107.0056/GCMDL |
| 5. 140 | 107.0094/RVNGC |
| 6. 141 | 107.0095/RVNCAHM |
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