RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 JUNE 2006
      DOCKET NUMBER:   AR20050016517


      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. James Gunlicks                |     |Chairperson          |
|     |Mr. Larry olson                   |     |Member               |
|     |Ms. Peguine Taylor                |     |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, in effect, that his report of separation (DD
Form 214) be corrected to reflect his award of the Purple Heart.

2.  The applicant states that he received the award of Purple Heart;
however, it was omitted from his DD Form 214 at the time of his release
from active duty (REFRAD).

3.  The applicant provides a copy of his DD Form 214 and a copy of a
hospital clinic record describing his wounds and the events surrounding the
wounds.

CONSIDERATION OF EVIDENCE:

1.  He was inducted in St. Louis, Missouri, on 22 October 1965 and was
transferred to Fort Leonard Wood, Missouri to undergo his basic combat
training (BCT).  He completed his BCT and was transferred to Fort Lee,
Virginia, to undergo his advanced individual training (AIT) as a petroleum
storage specialist.

2.  He successfully completed his AIT and was transferred to Fort Lewis,
Washington for assignment to the 4th Supply and Transport Battalion, 4th
Infantry Division.  He was advanced to the pay grade of E-3 on 16 June
1966.

3.  He was transferred to Vietnam with his unit on 22 September 1966 and on
11 January 1967, he sustained fragmentation wounds to both arms, hands,
legs and feet during an enemy mortar attack that occurred at 1330 hours
while he was sleeping in his billets.  He was evacuated to the 12th
Evacuation Hospital for treatment and was subsequently transferred to the
36th Evacuation Hospital, where he was treated and returned to duty after
19 days of hospitalization.

4.  He was advanced to the pay grade of E-4 on 24 January 1967 and on
23 August 1967, he departed Vietnam for Oakland Army Base, California,
where he was honorably REFRAD on 24 August 1967 as an overseas returnee.
He had served 1 year, 10 months and 3 days of total active service and was
awarded the National Defense Service Medal, the Republic of Vietnam
Campaign Medal and the Vietnam Service Medal (VSM).

5.  A review of his records shows that he had excellent conduct and
efficiency ratings throughout his service and his records contain no
derogatory information that would preclude or disqualify him for award of
the Army Good Conduct Medal (GCMDL).  His records also contain no evidence
to show that he was awarded the Purple Heart.  However, his separation
physical examination indicates that the applicant had scars from
fragmentation wounds to his arms, legs and hip.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

8.  Army Regulation 600-8-22 establishes the criteria for award of the Army
Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL
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 GCMDL.  The regulation outlines the criteria for
award of the Good Conduct Medal (GCMDL) and provides, in pertinent part,
that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity
in active Federal military service.  It is awarded on a selective basis to
each soldier who distinguishes him or herself from among their fellow
soldiers by their exemplary conduct, efficiency, and fidelity throughout
their service.  There is no right or entitlement to the medal until the
immediate commander has approved the award and the award has been announced
in permanent orders.  Separation transfer points will review records of
enlisted personnel being separated to determine whether they qualify for
award of the GCMDL.  Where possible, a reasonable effort will be made to
contact the unit commander prior to awarding the medal to qualified
members.

9.  Department of the 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 subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal
- First Class (RVNCAHM-FC) Unit Citation for the period he served with the
unit.  Additionally, the applicant participated in two campaigns while
assigned to Vietnam and thus is entitled to be awarded two bronze service
stars for wear on his already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  Although there is no evidence to show that he was awarded the Purple
Heart as he contends, there is sufficient evidence to show that he was
wounded as a result of enemy action in Vietnam and that the treatment was
made a matter of record.  Therefore, it is reasonable to presume that he
was awarded the Purple Heart and that the failure to place orders in his
records resulted in an administrative error that caused it to be omitted
from his DD Form 214 at the time of his REFRAD.  Accordingly it would be in
the interest of justice to correct his records at this time to show that he
was awarded the Purple Heart.

2.  After carefully examining the applicant’s record of service, it appears
that the applicant should have received the GCMDL for his service from 22
October 1965 to 24 August 1967.  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 GCMDL, and the lack of any specific action
by the applicant’s unit commander to disqualify him from receiving the
award.

3.  The evidence suggests that the applicant not receiving the GCMDL 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, this error should
be corrected and the applicant should receive the GCMDL at this time.

4.  Additionally, the evidence of record also shows that the applicant is
entitled to be awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit
Citation and two bronze service stars for wear on his already awarded VSM
and to have them added to his records as well.

BOARD VOTE:

____JG__  ___LO__  ___PT___  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 by
showing that he was awarded the Purple Heart and by awarding him the GCMDL
for the period of 22 October 1965 to 24 August 1967, the RVNGC w/Palm Unit
Citation, the RVNCAHM-FC Unit Citation and two bronze service stars for
wear on his already awarded VSM.





                                  _____James Gunlicks______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016517                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060622                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19670824                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, SEC VII               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.107.0056              |102/gcmdl                               |
|3.107.0094              |140/rvngc                               |
|4.107.0095              |141/rvncahm                             |
|5.                      |                                        |
|6.                      |                                        |


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