PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 June 2003
         DOCKET NUMBER: AR2003087598


         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. Raymond V. O’Connor, Jr.		Chairperson
Mr. John P. Infante		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 that his records be corrected to reflect awards of the Purple Heart and the Combat Infantryman Badge (CIB).

3. The applicant states that his awards of the Purple Heart and the CIB are not reflected on his report of separation (DD Form 214).

4. The applicant’s military records show that he enlisted in Atlanta, Georgia, on 22 April 1966, for a period of 3 years, under the airborne infantry training option. He successfully completed his training and was transferred to Panama on 20 October 1966. He remained in Panama until he was transferred to Vietnam on 21 July 1967, where he was assigned as an infantry indirect fire crewman/ammo bearer in Company A, 1^st Battalion, 327^th Infantry Regiment.

5. On 30 September 1967, while serving in the pay grade of E-3, the applicant was wounded by a booby trap and sustained multiple fragmentation wounds to the left eye, right hand and right thigh. He was evacuated to the 85^th Evacuation Hospital, where he was awarded the Purple Heart. He was subsequently evacuated to a hospital in Japan and then to Walter Reed Army Medical Center in Washington D.C., where he remained until he was permanently retired by reason of physical disability (40%) on 31 May 1968. He had served 2 years, 1 month and 9 days of total active service and his DD Form 214 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal (VSM). He was advanced to the pay grade of E-4 on 1 October 1967.

6. A review of his official records shows that he was also awarded the Parachutist Badge, the Purple Heart, and the Expert Marksmanship Badge with M-16 Rifle Bar. His records also contain no derogatory information and show no evidence that he was ever awarded the CIB. The applicant also participated in one campaign during his service in Vietnam.

7. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB. It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.

8. Army Regulation 672-5-1 also prescribed Army policy, criteria, and administrative instructions concerning 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. Disqualification for award of the AGCM requires specific action by the commander in writing, to disqualify a member and it must be referred to the individual for comment.

9. That regulation also provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal (RVNCM). The Government of Vietnam awarded this medal 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 service outside the geographic limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its 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 RVNCM. Furthermore, it provides that a bronze service star is awarded for wear on the VSM for each campaign in which a soldier participates.

10. 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 the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) Unit Citation for service in Vietnam during the period the applicant was assigned.

CONCLUSIONS:

1. The applicant clearly was wounded in Vietnam while serving as an infantryman with an infantry company and was treated by medical personnel. He was properly awarded the Purple Heart for those wounds; however, through an administrative oversight, the Purple Heart was not included on his DD Form 214 at the time of separation.

2. Additionally, he was awarded the Parachutist Badge and the Expert Marksmanship Badge with M-16 Rifle Bar that were also omitted. Accordingly, the Board finds that it would be in the interest of justice to add those awards at this time.

3. Although the Board can find no evidence that he was awarded the CIB, the Board finds that he was eligible to be awarded the CIB and therefore so directs that he be awarded the CIB at this time.

4. Likewise, he was also eligible to be awarded the RVNCM, the RVNGC w/Palm Unit Citation and one bronze service star for wear on his already awarded VSM. Therefore the Board directs that he also be awarded those awards at this time.

5. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 22 April 1966 through 31 May 1968. This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

6. The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

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:

a. by showing that the individual concerned was awarded the Purple Heart, the Parachutist Badge and the Expert Marksmanship Badge with M-16 Rifle Bar; and

b. by awarding him the CIB, the RVNCM, the RVNGC w/Palm Unit Citation, one bronze service star, and the GCMDL for the period of 22 April 1966 through 31 May 1968.

BOARD VOTE:

__jpi ____ ___ecp__ ___rvo __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  __Raymond V. O’Connor Jr.__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068904
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/06/12
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61	107.0015/PH
2. 157	107.0111/CIB
3. 102	107.0056/AGCM
4. 134	107.0088/RVNCM
5. 140	107.0094/RVNGC
6. 166	107.0120/PRCHT BAD