PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2003086686

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Roger w. Able		Chairperson
Mr. Larry C. Bergquist		Member
Ms. Barbara J. Ellis		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 two Purple Hearts (PHs) he was awarded, the Presidential Unit Citation (PUC), and the Air Medal (AM) be added to his record.

3. The applicant’s military records show that he was inducted into the Army on
7 September 1967. He successfully completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). His Enlisted Qualification Record (DA Form 20) shows that he was promoted to specialist four (SP4) on 11 November 1968, and this is the highest rank he attained while serving on active duty. It also shows that he served as an Assistant Gunner with Company B, 2^nd Battalion, 7^th Cavalry Regiment, Republic of Vietnam (RVN), from 25 February 1968 until 21 April 1968, when he became a patient at the Medical Holding Detachment, 106^th General Hospital, United States Army Pacific (USARPAC).

4. The DA Form 20 also shows that on 27 April 1968, the applicant was medically evacuated to the United States and assigned to the Naval Hospital, Chelsea, Massachusetts. He remained there as a patient until being reassigned to Fort Riley, Kansas, on 23 May 1968. Item 40 (Wounds) is blank, and contains no explanation for the applicant’s medical evacuation from the RVN. The conduct and efficiency ratings he received at each of his active duty assignments were “Excellent”, as evidenced by entries in Item 38 (Record of Assignments).

5. The applicant’s Military Personnel Records Jacket (MPRJ) contains no derogatory information, and there is no specific disqualification from any of his active duty unit commanders that would preclude him from receiving the Army Good Conduct Medal (AGCM) on file.

6. The MPRJ does contain a copy of a PH award certificate, dated 8 April 1968, which indicates that the applicant was awarded the PH for wounds received in action on 5 April 1968, in the RVN. There is also a copy of a separation physical examination on file that contains an entry indicating that he had a healed incision on the upper portion of his right arm that resulted from a fragmentation wound he received in April 1968. The MPRJ also has a copy of General Orders Number 6136, dated 25 June 1968, on file. These orders awarded the applicant the AM, for meritorious achievement while participating in aerial flight in the RVN.

7. On 6 June 1969, the applicant was honorably released from active duty (REFRAD) after completing a total of 1 year and 9 months of active military service. The DD Form 214 issued to him on this date confirms that he earned the National Defense Service Medal; Vietnam Service Medal, Combat Infantryman Badge, and Marksman Qualification Badge with a Machine Gun Bar while on active duty. The PH and AM are not included in this list of awards.

8. The Department of the Army (DA) Vietnam Casualty Roster, which lists the names of soldiers wounded in action while serving in the RVN does not include the applicant’s name.

9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the PH is being awarded must have required treatment by a medical officer, this treatment must be supported by medical treatment records that were made a matter of official record.

10. Paragraph 2-13 of the awards regulation contains guidance on the Vietnam, Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

11. Chapter 4 of the awards regulation prescribes the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940, however, for the first award only, a period of more than one year is a qualifying period if the award is issued at the termination of a period of Federal service. While there is no automatic entitlement to the AGCM, disqualification must be justified.

12. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that based on his tenure of assignment in the RVN, the applicant was credited with participating in the TET Counteroffensive and Vietnam Counteroffensive, Phase IV campaigns; and his unit (7^th Calvary Regiment) earned the RVN Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1. The Board notes the applicant’s claim of entitlement to two PHs, the PUC, and AM, and it finds partial merit in these claims. The evidence of record confirms that the applicant was wounded in action, while serving as a private first class in the RVN on 5 April 1968. However, there is no evidence showing that he was wounded in action a second time or that he was awarded a second PH.

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2. The record also verifies that the applicant was awarded the AM, for his meritorious achievement while participating in aerial flight in the RVN. However, there is no indication that his unit was awarded the PUC during his assignment tenure.

3. During its review of this case, the Board discovered that the applicant is entitled to additional awards that were not included in either his record or his separation document. Lacking any derogatory information on file that would disqualify him from receiving the AGCM, or a specific disqualification from any of the active duty unit commanders for which he served, the Board finds that he is entitled to the first award of the AGCM based on his qualifying period of honorable active duty service from 7 September 1967 through 6 June 1969.

4. In addition, the record confirms that based on his campaign participation and his service in the RVN, he is also entitled to 2 bronze service stars with his Vietnam Service Medal, and to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by:

a. awarding the individual concerned the Purple Heart, for being wounded in action, while serving as a private first class in the RVN on 5 April 1968;

b. awarding him the first award of the Army Good Conduct Medal, for his qualifying period of honorable active service from 7 September 1967 through
6 June 1969;

c. showing that based on his campaign participation and unit service in the RVN, he is entitled to 2 bronze service stars with his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and

d. providing him a corrected separation document that reflects these changes.

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2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__BE___ __LB___ ___RA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Roger W. Able
         CHAIRPERSON

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INDEX

CASE ID	AR2003086686
SUFFIX
RECON
DATE BOARDED	2003/07/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1969/06/06
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	School Release
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.