PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 October 2003
         DOCKET NUMBER: AR2003086668


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Mr. Robert J. Osborn		Member
Ms. Eloise C. Prendergast		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). He also requests, in effect, that his DD Form 214 be corrected to show all awards and decorations to which he may be entitled.

3. The applicant states, in effect, that his DD Form 214 does not reflect all of his medals because he received two awards of the Purple Heart and the Army Commendation Medal.

4. The applicant’s military records show that he enlisted on 29 August 1968 for a period of 3 years. He served as an indirect fire crewman and an infantryman assigned to Company D, 4th Battalion, 47th Infantry, 9th Infantry Division in Vietnam from 7 March 1969 through 5 July 1969. He also served as an indirect fire crewman assigned to Company B, 5th Battalion, 60th Infantry, 9th Infantry Division in Vietnam from 6 July 1969 until he was wounded in action on 29 July 1969 and evacuated back to the United States on 4 September 1969 for further medical treatment. On 23 March 1970, the applicant was honorably discharged by reason of physical disability in the rank of specialist four after completing
1 year, 6 months and 25 days of creditable service with no lost time.

5. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, and the Combat Infantryman Badge as authorized awards.

6. 9th Infantry Division General Orders Number 4046, dated 5 April 1969, show the applicant was awarded the Purple Heart for wounds received in action on
4 April 1969 in Vietnam.

7. 9th Infantry Division General Orders Number 7398, dated 25 June 1969, show the applicant received the Army Commendation Medal for meritorious achievement during the period March 1969 to June 1969 in Vietnam.

8. 3rd Brigade, 9th Infantry Division General Orders Number 26, dated
26 September 1969, show the applicant was awarded the Purple Heart with First Oak Leaf Cluster for wounds received in action on 29 July 1969 in Vietnam.

9. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10. The applicant's service personnel records show that he participated in two campaigns during his assignment in Vietnam.
11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (4th Battalion, 47th Infantry) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number
59, dated 1969.

12. Department of the Army Pamphlet 672-3 also shows the applicant's unit (4th Battalion, 47th Infantry) is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

13. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated 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 on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

14. 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.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam 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 more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and 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 to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1. The applicant's DD Form 214 shows one award of the Purple Heart. However, evidence of record shows the applicant was awarded the Purple Heart with First Oak Leaf Cluster for being wounded in action on 4 April 1969 and on 29 July 1969 in Vietnam. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart with First Oak Leaf Cluster.

2. The applicant received the Army Commendation Medal. Therefore, his DD Form 214 should be corrected to show this medal.

3. Considering the applicant attained the rank of specialist four in 18 months, the Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 29 August 1968 through 23 March 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.

4. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

5. Evidence of record shows the applicant served in Vietnam from 7 March 1969 until he was evacuated on 4 September 1969 due to wounds resulting from hostile action. Therefore, in accordance with the governing regulation, the applicant is entitled to award of the Vietnam Campaign Medal and correction of his DD Form 214 to show this medal.

6. The applicant's unit (4th Battalion, 47th Infantry) received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show these unit citations.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant be awarded the first award of the Good Conduct Medal for the period 29 August 1968 through 23 March 1970.

2. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Purple Heart with First Oak Leaf Cluster, the Army Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

RVO____ RJO____ ECP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086668
SUFFIX
RECON
DATE BOARDED	20031009
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.