RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 DECEMBER 2005
      DOCKET NUMBER:  AR20050003580


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his records be corrected to reflect award of the
Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart
but it was omitted from his separation document.

3.  The applicant provides a copy of his separation document and a copy of
the Purple Heart Award Certificate.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was inducted and
entered active duty on 21 August 1968.

2.  The applicant arrived in Vietnam in January 1969 where he was assigned
to the 1st Battalion, 20th Infantry, as a rifleman.  A Western Union
Telegram to the applicant's parents confirms he was wounded in action on 31
May 1969 during combat operations when a hostile force was encountered.
The applicant sustained shrapnel wounds to his left leg and abdomen.

3.  Although his records do not contain copies of the orders awarding him
the Purple Heart, the certificate provided with his application confirms he
was awarded the decoration on 1 June 1969 by the commander of the 27th
Surgical Hospital.  As a result of the applicant's wounds he was medically
evacuated from Vietnam and ultimately returned to duty in Korea.

4.  On 22 May 1970 he was released from active duty with an honorable
characterization of service in pay grade E-4 under an early release program
to obtain seasonal employment.  His separation document does not reflect
entitlement to the Purple Heart.

5.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam
Counteroffensive Phase VI and TET 69 Counteroffensive) during the
applicant’s period of assignment.  Two bronze service stars on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  The unit was also awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm during his tenure with the
organization.  The unit award was also omitted from his separation
document.
6.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.  The applicant’s conduct and efficiency
ratings throughout his military service were excellent, and he had no
record of any disciplinary actions or incidents of misconduct.

7.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was wounded in action on 31 May
1969 and awarded the Purple Heart.  His records should be corrected
accordingly.

2.  The evidence also confirms the applicant is entitled to two bronze
service stars on his Vietnam Service Medal and the Republic of Vietnam
Gallantry Cross Unit Citation with Palm.  He is also entitled to the Korea
Defense Service Medal.


3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 22 May 1970.  There is no evidence his commander
ever disqualified him from receiving the award and no evidence of any
misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 21 August 1968 through
22 May 1970.

BOARD VOTE:

__TK____  __RD___  ___JM___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:

      a.  by showing he was awarded the Purple Heart for wounds sustained on
31 May 1969 while in Vietnam;


      b.  by showing that he is entitled two bronze service stars on his
Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and the Korea Defense Service Medal; and


      c.  by awarding him the Army Good Conduct Medal for the period
21 August 1968 to 22 May 1970.




                                  _____ Ted Kanamine_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003580                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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