PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 March 2001
	DOCKET NUMBER:   AR2000049859

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. John T. Meixell		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 reflect his award of the Purple Heart.

3.  The applicant states, in effect, that he was awarded the Purple Heart but it was not included on his report of separation (DD Form 214).  In support of his application he submits a Purple Heart Certificate showing that he was wounded in Vietnam on 30 March 1967 and was awarded the Purple Heart on 21 April 1967. 

4.  The applicant’s military records show that he was inducted in Brooklyn, New York on 11 July 1966.  He successfully completed his training and was transferred to Vietnam on 23 December 1966 for duty as an infantryman. 

5.  On 30 March 1967, while on a combat operation, the applicant was wounded in both legs and the right arm by metal fragments from a hostile booby trap.  He was treated at the 85th Evacuation Hospital and was subsequently evacuated to a Naval hospital in St. Albans, New York. 

6.  He remained on active duty until he was honorably discharged in the pay grade of E-3 on 10 July 1968, due to the expiration of his term of service.  He had served 2 years of active Federal service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

7.  A review of the available records fails to show any entries or orders showing that he was awarded the Purple Heart for his wounds.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member of an Armed Force who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action.  

9.  The regulation states, in pertinent part, that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

10.  Chapter 4 prescribes the policy for award of the Army Good Conduct Medal (AGCM).  Paragraph 4-4, gives the specific criteria for approval of the AGCM.  It states, in pertinent part, that it is the immediate commander’s decision to award the AGCM based on his personal knowledge of the individual and on the individual’s official records.  It further states that the lack of official disqualifying comment by previous commanders allows that period of service to qualify for use in awarding the AGCM.  

11.  Paragraph 4-5 of the regulation defines periods of service which qualify for award of the AGCM.  It states, in pertinent part, that for the first award only, upon termination of service on or after 27 June 1950 a period of more than one year is a qualifying period for award of the AGCM.  The available evidence contains no indication that the applicant had committed any infractions that would have disqualified him from receiving the AGCM or that he was ever disqualified for the award by any of his immediate commanders.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant’s unit, 2nd Battalion, 5th Cavalry Division was awarded the Valorous Unit Award (VUA) by Department of the Army General Order (DAGO) Number 54 in 1968 for actions on 11 March 1967.  His unit was also awarded the Republic of Vietnam Gallantry Cross with palm (RVNGCw/palm) by DAGO 59 in 1969 for the period of 9 August 1965 to 19 May 1969. 

CONCLUSIONS:

1. Although there are no orders present in the available records to support the Purple Heart Certificate provided by the applicant, there is sufficient evidence to show that he was authorized to receive the award.  Therefore, in the absence of evidence to the contrary, the Board find that it would be in the interest of justice to presume that orders were published at the time and that an administrative error resulted in the award not being properly posted to his official records.  Accordingly, his records should be corrected to show his award of the Purple Heart.

2.  Although the awards of the VUA and the RVNGCw/palm were awarded after his departure from Vietnam, the applicant should also be awarded those awards at this time and his records corrected accordingly.

3.  The available evidence shows that the applicant completed a total of 2 years
of honorable active military service, which more than satisfies the 1-year qualifying period of service criteria for the first award of the AGCM.  The available evidence contains no suggestion of a disciplinary history that would disqualify him from receiving the award.  Therefore, the Board concludes that it would be appropriate to award him the AGCM for his honorable active duty service from 
11 July 1966 to 10 July 1968.

4.  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 be corrected:

a).  by showing that the individual concerned was awarded the Purple Heart; and

	b).  by awarding him the VUA, the RVNGCw/palm and the AGCM for the period of 11 July 1966 to 10 July 1968.

BOARD VOTE:  

___jm ___  ___jh ___  ___dh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____June Hajjar________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049859	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  79	107.0033/VUA	
4.  102	107.0056/AGCM	
5.  140	107.0094/RVNGCW/PALM	
6.