PROCEEDINGS


         IN THE CASE OF


         BOARD DATE: 14 August 2003
         DOCKET NUMBER: AR2003088438

         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. Raymond V. O’Connor		Chairperson
Mr. James E. Anderholm		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 two awards of the Purple Heart (PH) be added to his separation document (DD Form 214).

3. The applicant states, in effect, that he earned these awards and is proud to wear them on his uniform. He states that he is a member of the Disabled American Veterans (DAV) and deserves to have these awards in his service record. Finally, he states that his children were denied college aid available to the children of PH veterans. In support of his application, he provides a copy of a PH award order and a Department of Veterans Affairs (DVA) benefits letter.

4. The applicant’s military records show that he was inducted into the Army on 13 September 1967. He was trained and served in military occupational specialty (MOS) 11B (Infantryman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that he was promoted to sergeant (SGT) on 1 December 1968, and that this is the highest rank he attained while serving on active duty. It also shows that he served as a Rifleman with Company A, 3^rd Battalion, 39^th Infantry Regiment,
9^th Infantry Division, Republic of Vietnam (RVN), from 12 March 1968 through
19 February 1969.

6. Item 40 (Wounds) of the applicant’s DA Form 20 contains an entry indicating that he received a fragmentation wound to the back on 11 May 1968. This is the sole entry in this item. 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).

7. 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.

8. The MPRJ does contain a copy of GO Number 10789, dated 20 November 1968, issued by Headquarters, 9^th Infantry Division, RVN, which awarded the applicant the PH for wounds he received in connection with military operations against a hostile force on 11 May 1968. The separation physical examination contained in the MPRJ makes no reference to the applicant being wounded or injured in action, and there are no other military medical treatment records on file.

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9. On 12 September 1969, the applicant was honorably released from active duty (REFRAD) after completing a total of 2 years 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, Vietnam Campaign Medal, Army Commendation Medal, Combat Infantryman Badge, Air Medal, and Sharpshooter Marksmanship Qualification Badge.

10. The Department of the Army (DA) Vietnam Casualty Roster, which lists the names of soldiers wounded in action while serving in the RVN lists the applicant’s name and confirms he was wounded in action once on 11 May 1968.

11. The applicant provides a copy of a DVA benefits letter that indicates he was granted service connected benefits. However, there are no military medical records provided that could verify that these benefits were based on a wound or injury the applicant received in action on a date other than on 11 May 1968.

12. 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.

13. 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.

14. 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.

15. 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.

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16. The Pamphlet confirms that based on his tenure of assignment in the RVN, the applicant was credited with participating in the following campaigns: TET Counteroffensive 1968; Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V; and Vietnam Counteroffensive Phase VI. It also shows that while he was serving in the RVN, his unit (39^th Infantry Regiment) earned the RVN Gallantry Cross Unit Citation with Palm Unit Citation and
RVN Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant’s claim of entitlement to two PHs, and it finds partial merit in this contention. The evidence of record confirms that the applicant was wounded in action on 11 May 1968 and as a result, he was awarded the PH in GO Number 10789, dated 20 November 1969. However, there is no evidence showing that he was wounded or injured in action a second time or that he was ever recommended for or awarded a second PH.

2. 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 whom 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 13 September 1967 through 12 September 1969.

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

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

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RECOMMENDATION:

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

a. showing that the individual concerned was awarded the Purple Heart for being wounded in action in the RVN on 11 May 1968;

b. awarding him the first award of the Army Good Conduct Medal, for his qualifying period of honorable active service from 13 September 1967 through
12 September 1969;

c. showing that based on his RVN service he is entitled to 4 bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

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

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

BOARD VOTE:

__JA___ ___LB__ __RO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O’Connor
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088438
SUFFIX
RECON
DATE BOARDED	2003/08/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1969/09/12
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2.
3.
4.
5.
6.