PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 July 2003
         DOCKET NUMBER: AR2003085075


         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. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Margaret V. Thompson		Member
Mr. Eric N. Andersen		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart, the Bronze Star Medal, and the Army Commendation Medal.

3. The applicant states, in effect, that he received the citations for his awards; however, his DD Form 214 does not reflect that he received the awards. In support of his application the applicant submits a copy of the Purple Heart citation, a copy of the Bronze Star Medal citation, and a copy of the Army Commendation Medal citation.

4. The applicant’s military records show that he was inducted into the Army of the United States on 8 August 1969 for a period of 2 years. He completed the required training and was awarded the military occupational specialty 63C20
(General Vehicle Repairman).

5. The applicant served in Vietnam from 11 January 1970 through 29 August 1970. He was assigned to Company D, 2^nd Battalion, 22^nd Infantry, 25^th Infantry Division.

6. The applicant's service personnel records show that he was treated for injuries at the 249^th General Hospital, Vietnam. He was later transferred to the Medical Holding Company (MHC), Walter Reed Army Medical Center (WRAMC), Washington, D. C. on or about 29 August 1970 for further treatment.

7. The applicant's service personnel records show that he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) on 26 March 1971 for being absent without leave from 6 March to 23 March 1971 while assigned to the MHC, WRAMC. He received as punishment an oral reprimand, an oral admonition, a forfeiture of $50.00 pay, 30 days restriction, and a reduction to pay grade E-3 (suspended for 60 days).

8. On 2 April 1971, the applicant was honorably released from active duty and transferred to the U. S. Army Reserve after completing 1 year, 7 months, and
9 days of creditable active service with 16 days of lost time. His conduct and efficiency had been rated as "excellent" throughout his service (his time at WRAMC was not rated).

9. His DD Form 214 shows as authorized awards the National Defense Service Medal, the Republic of Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960" Device, and the Marksman Qualification Badge with Rifle Bar. It does not show the awards of the Purple Heart, the Bronze Star Medal, and the Army Commendation Medal.

10. General Orders Number 172, dated 28 July 1970, from Headquarters, 24^th Evacuation Hospital awarded the applicant the Purple Heart for wounds received as a result of hostile action on 28 July 1970.

11. General Orders Number 8541, dated 30 July 1970, from Headquarters, 25^th Infantry Division awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 28 July 1970.

12. General Orders Numbers 8574, dated 31 July 1970, from Headquarters, 25^th Infantry Division awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period January to July 1970.

13. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company D, 2^nd Battalion, 22^nd Infantry,
25^th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970, based on Department of the Army General Order (DAGO) Order Number 51, dated 1971.

15. Department of the Army Pamphlet 672-3 also shows that Company D, 2^nd Battalion, 22^nd Infantry, 25^th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 based on DAGO 5, dated 1973.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

17. Army Regulation 672-5-1, in effect at the time, provided, in pertinent part, that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and for the first award only, upon termination of service of 1 or more years on or after
27 June 1950. At the time, to qualify for the Army Good Conduct Medal, a soldier’s conduct and efficiency ratings must have been “excellent” for the entire period of qualifying service.

CONCLUSIONS:

1. General Order Number 172, dated 28 July 1970, filed in the applicant's service record shows that the applicant was awarded the Purple Heart for wounds received as a result of hostile action. Therefore, the applicant is entitled to correction of his DD Form 214 to reflect this award.

2. General Order Number 8541, dated 30 July 1970, filed in the applicant's service record shows the applicant was awarded the Army Commendation Medal for heroism. Therefore, correction of his DD Form 214 would be appropriate to show this award.

3. General Order Number 8574, dated 31 July 1970, also filed in the applicant's service record shows that the applicant was awarded the Bronze Star Medal for meritorious service. Therefore, correction of his DD Form 214 is appropriate to show the award.

4. The evidence of record shows that the applicant served in Vietnam during three campaigns entitling him to wear three bronze service stars with the Vietnam Service Medal.

5. The evidence of record also shows that the applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant is entitled to correction of his records to reflect these unit awards.

6. Although the applicant accepted NJP for 16 days of lost time while assigned to the MHC located at WRMC, Washington, D. C., the Board noted that the applicant's conduct and efficiency ratings were "excellent" from the time of his induction and during his tenure in Vietnam, until his short period of AWOL. The Board finds that the applicant's acceptance of one NJP for 16 days of AWOL should not negate his awards of the Purple Heart, the Bronze Star Medal, and the Army Commendation Medal for heroism. Therefore, the Board concludes that this one NJP should not preclude favorable consideration for the award of the Good Conduct Medal and it would be appropriate to award him the first award of the Army Good Conduct Medal for his honorable active service from
8 August 1969 through 2 April 1971.

7. 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:
         a. awarding the applicant the Army Good Conduct Medal for the period
8 August 1970 through 2 April 1971.

         b. That the applicant's DD Form 214 be amended to show that he was awarded the Army Good Conduct Medal , the Purple Heart, the Army Commendation Medal with "V" Device, the Bronze Star Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

_ENA___ __FNE___ __MVT__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Mr. Fred N. Eichorn______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085075
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/07/15
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.