PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 February 2001
	DOCKET NUMBER:   AR2000046962

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		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 military records be corrected to show award of the Purple Heart (PH) and the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star.

3.  The applicant states that at the time of his separation from active duty his military records were not available.  In support of his application he provides a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), the Department of Veterans Affairs rating decision, orders for and authorization to accept and wear the RVN Gallantry Cross with Bronze Star.

4.  The applicant’s military records show that he was inducted into the Army on 19 October 1965 for 2 years.  He successfully completed his initial training and was assigned for duty as an infantry indirect fire crewman (11C).  He attained the rank of specialist four.

5.  The applicant was assigned to Company D, 4th Battalion, 31 Infantry, 196th Light Infantry Brigade in August 1966 when it made a unit permanent change of station move to the RVN.  He served as an ammo bearer during his combat tour of duty.

6.  Special Orders 225, Headquarters, 196th Light Infantry Brigade, dated 
4 October 1966, awarded the applicant the Combat Infantryman Badge.

7.  The applicant’s Enlisted Qualification Record (DA Form 20) indicates that on 12 April 1967 he received fragmentation wounds to his right arm, right leg and abdomen.

8.  General Orders 1000, Headquarters, 196th Light Infantry Brigade, dated 
25 July 1967, awarded the Good Conduct Medal (GCM) to the applicant for his exemplary behavior, efficiency, and fidelity from 19 October 1965 to 1 August 1967.

9.  On 31 October 1967 the Commander, Headquarters, United States Army Vietnam, notified the applicant that he was authorized to accept and wear the RVN Gallantry Cross with Bronze Star for heroic actions during the period from 11 May 1967 to 8 June 1967.

10.  The applicant served in the RVN from 7 August 1966 through 26 July 1967.  He participated in Phase II and III Vietnam Counteroffensive campaigns.

11.  The applicant’s DD Form214 shows he was awarded the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal and the RVN Campaign Medal.

12.  Army Regulation 672-5-1 provides, in pertinent part, that the PH 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 by a medical officer, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 672-5-1 provides, in pertinent part, that the GCM 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 GCM, disqualification must be justified.  Current practice requires the commander to provide written notice of unfavorable consideration and permit the individual to respond.

14.  Army Regulation 672-5-1 provides, in pertinent part, that service stars are worn on campaign and service ribbons to denote an additional award.  Service stars are authorized for wear on the VSM.

CONCLUSIONS:

1.  The applicant served as an ammo bearer in combat with an infantry unit.  His personnel records indicate that he received fragmentation wounds during that time.  Although no medical treatment records are available, it is reasonable for the Board to presume that such wounds would have received treatment.  Therefore, he should be entitled to award of the PH.

2.  The applicant was awarded the GCM for his first term of service and is therefore entitled to have this award entered on his DD Form 214.

3.  The applicant participated in two campaigns during his assignment to the RVN and is therefore entitled to wear two bronze service stars on his Vietnam Service Medal.

4.  The applicant was awarded the RVN Gallantry Cross with Bronze Star for his heroic actions and is therefore entitled to have this award entered on his DD Form 214.

5.  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, particularly the DD Form 214 of the individual concerned, be corrected by showing that he was awarded the Purple Heart, the Good Conduct Medal, two bronze service stars on the Vietnam Service Medal, and the RVN Gallantry Cross with Bronze Star.

BOARD VOTE:  

__JNS__  __MHM__  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR2000046962	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
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.