PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  29 August 2000
	DOCKET NUMBER:  AR2000040399

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Charles Gainer		Member	
	Mr. Roger W. Able		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.

2.  The applicant requests that his records be corrected to award him the Good Conduct Medal (GCMDL), the Presidential Unit Citation (PUC), the Republic of Vietnam Cross of Gallantry with Palm Unit Citation (RVNCGwPUC), and the Purple Heart (PH).

3.  The applicant states that he receive a laceration wound while on a search and destroy mission near Bong Song, Vietnam, on 21 February 1966.  He indicates he was treated by a medic in the field and was later hospitalized for infection.  He provided letters of support and a Military Police (MP) After-Action report.

4.  The applicant’s military records show that he enlisted on 2 August 1963.  He completed his required training and was awarded military occupational specialty 95B (Military Policeman).  He was advanced to pay grade E-4 effective 21 July 1965.

5.  During the period 5 December 1965 to 19 July 1966, he served in the 545th MP Company (Co) in Vietnam.

6.  On 20 July 1966, he was honorably separated under Army Regulation 635-205, based on being an overseas returnee.  His separation document indicated he had 2 years, 11 months and 19 days of creditable service. 

7. Army Regulation 600-8-22 provides that the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  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.  Although there is no automatic entitlement to the GCMDL, disqualification must be justified.  

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (PUC) (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the 545th Military Police Company was cited for award of the PUC for the period 23 October to 26 November 1965.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the unit to which the applicant was assigned was cited for award of the RVNCGwPUC.

10. 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The evidence of record shows the applicant was entitled to award of the GCMDL for the period 2 August 1963 to 20 July 1966 and his records should be corrected accordingly.

2.  The evidence of record shows the applicant arrived in Vietnam approximately 10 days after the closing period for award of the PUC to his unit and he is not entitled to this award.

3.  The evidence also shows he was entitled to award of the RVNCGwUPC and should be made a matter of record.

4.  There is no evidence that the applicant qualified for award of the PH.

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 showing the individual concerned was awarded the GCMDL for the period 2 August 1963 to 20 July 1966 and the RVNCGwPUC for the period         5 December 1965 to 19 July 1966. 

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

BOARD VOTE:  

__jm__  ___cg__  __ra____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John D. Miller__
		        CHAIRPERSON

INDEX

CASE ID	AR2000040399	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107	Awards	
2.		
3.		
4.		
5.		
6.