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Decision Text

ARMY | BCMR | CY2002 | 2002082331C070215
Original file (2002082331C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 May 2003
         DOCKET NUMBER: AR2002082331


         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:

Mr. Luther L. Santiful Chairperson
Mr. Lester Echols Member
Mr. Frank C. Jones 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.


2. The applicant requests that his report of separation (DD Form 214) be corrected to reflect his award of the Purple Heart.

3. The applicant states that he received a Purple Heart while serving in Vietnam that is not reflected on his DD Form 214. In support of his application he submits a copy of his Purple Heart Certificate.

4. The applicant’s military records show that he was inducted in Cincinnati, Ohio, on 3 December 1965. He successfully completed his training as a light weapons infantryman at Fort Lewis, Washington, and was transferred to Vietnam with his unit on 15 September 1966. He was advanced to the pay grade of E-4 on 17 September 1966.

5. He was assigned to Company A, 3rd Battalion, 12th Infantry Regiment for duty as an assistant machine gunner. His records contain a copy of a Western Union telegram, a casualty message and a copy of orders awarding him the Purple Heart for wounds received on 11 March 1967, when he sustained metal fragment wounds to the right leg that occurred while he was a passenger on an Armored Personnel Carrier on security patrol that struck a hostile mine.

6. He was initially treated at the 8th Field Hospital, was medically evacuated to a hospital in Japan and then to a hospital at Fort Knox, Kentucky, where he was subsequently reassigned. He remained at Fort Knox until he was honorably released from active duty (REFRAD) on 2 December 1967, due to the expiration of his term of service (ETS). He had served 2 years of total active service and his DD Form 214 indicates that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal. His records also show that he had excellent conduct and efficiency ratings throughout his service.

7. 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. That regulation also provides that a bronze service star will be awarded for participation in each designated campaign.

8. 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. Additionally, he participated in one campaign during his assignment to Vietnam.

CONCLUSIONS:

1. The applicant clearly was awarded the Purple Heart for wounds received in Vietnam on 11 March 1967. Therefore, it would be in the interest of justice to correct the administrative oversight by adding the award of the Purple Heart to his DD Form 214 at this time.

2. Additionally, the applicant is entitled to be awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one bronze service star for wear on his already awarded VSM.

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 3 December 1965 to 2 December 1967.

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 by showing that he was awarded the Purple Heart and by awarding him the GCMDL for the period of 3 December 1965 through 2 December 1967, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one bronze service star for wear on his already awarded VSM.

BOARD VOTE:

__fcj ____ ___ls ___ __le____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Luther Santiful______
                  CHAIRPERSON




INDEX

CASE ID AR2002082331
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/05/29
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 102 107.0056/GCMDL
3. 141 107.0094/RVNGC
4. 142 107.0095/RVNCAHM
5. 189 110.0000/CORR 214
6.


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