PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 April 2003
         DOCKET NUMBER: AR2003083521


         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Barbara J. Ellis		Member
Ms. Linda M. Barker		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 military records be corrected to show award of the Purple Heart (PH) and Air Medal (AM).

3. The applicant states, in effect, that his separation document (DD Form 214) does not include the PH and AM in the list of awards he earned during his tenure on active duty. In support of his application, he submits a copy of the orders and certificate awarding him the PH and a certificate for the AM.

4. The applicant’s military records show that he was inducted into the Army on
27 March 1969, and that he was trained and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 23 August 1969 to 22 August 1970. It also shows that while serving in the RVN, he was assigned to Company B, 1^st Battalion, 12^th Infantry Regiment, 4^th Infantry Division, and that he performed duties in MOS 11B. Block 40 (Wounds) contains an entry showing that he received a penetrating shrapnel wound to his right knee while serving in the RVN. In addition, his record is void of any derogatory information or of a disqualification by any of his active duty unit commanders that would prohibit him from receiving the Army Good Conduct Medal (AGCM).

6. On 22 January 1971, he was honorably released from active duty (REFRAD), by reason of early release to attend school. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to him on this date lists the following awards he earned during his active duty tenure: Army Commendation Medal; National Defense Service Medal; Combat Infantryman Badge; Vietnam Service Medal with 3 bronze service stars; and Republic of Vietnam Campaign Medal with 60 Device. The PH and AM are not included in this list of authorized awards.

7. The certificate and awards orders for the PH provided by the applicant confirm that he was awarded the PH for wounds received in the RVN on 7 December 1969. The AM certificate shows that he was awarded the AM for meritorious achievement while participating in aerial flight in the RVN during the period
12 September 1969 to 28 June 1970.

8. The Department of the Army Vietnam Casualty Roster includes the applicant’s name. This confirms that he was wounded in action while serving in the RVN on 7 December 1969.

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9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

10. Paragraph 3-15 contains guidance on awarding the AM and it states, in pertinent part, that it may be awarded to members who distinguished themselves by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or heroism, or for meritorious service.

11. Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, a period of 1 or more years is a qualifying period if awarded at the termination of active duty service. There is no automatic entitlement to the AGCM, however, disqualification must be justified.

12. 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 publication confirms that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment in the RVN.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his military record should be corrected to show he earned the PH and the AM, and it finds this claim has merit.

2. By regulation, in order to receive a PH a member must have been wounded in action, treated for the wound by military medical personnel, and this treatment must have been made a matter of official record. The Board finds that the evidence of record and independent evidence provided by the applicant, along with the DA Vietnam Casualty Roster, more than satisfies the regulatory burden of proof necessary to support award of the PH. Therefore, the Board concludes that it would be appropriate to add the PH to his record at this time.

3. The evidence also confirms that the applicant was awarded the AM on 18 July 1970, for his meritorious achievement while participating in aerial flight in the RVN. Therefore, the Board concludes it would also be appropriate to add this award to his separation document at this time.

4. In addition, lacking any derogatory information on file or a specific disqualifying action from any of his active duty unit commanders, the Board finds that the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM. It also finds that his service in the RVN entitles him to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Thus, the Board concludes that it would also be appropriate to add these awards to his record at this time.

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 for the individual concerned be corrected by showing he was awarded the Purple Heart and Air Medal while serving in the RVN; by awarding him the first award of the Army Good Conduct Medal for his period of honorable active military service from 27 March 1969 to 22 January 1971; by showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on his RVN service; and providing him a corrected separation document that reflects these changes.

BOARD VOTE:

__rjw ___ ___bje __ ___lb ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond J. Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003083521
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/04/08
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	Grant
REVIEW AUTHORITY
ISSUES 1. 64	107.0018
2. 61	107.0015
3.
4.
5.
6.