PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 September 2001
	DOCKET NUMBER:   AR2001059419

	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. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Donald P. Hupman, Jr.		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 awards of the Purple Heart and the Good Conduct Medal (GCMDL).

3.  The applicant states that his Purple Heart and GCMDL are not listed on his separation document (DD Form 214).  In support of his application he submits a copy of his award of the Purple Heart and a report of casualties (AGPZ Form 67).

4.  The applicant’s military records show that he enlisted on 25 October 1965 for a period of 3 years.  He successfully completed his training and was transferred to Vietnam on 16 April 1966 for duty as an infantryman with Company C, 2d Battalion, 27th Infantry. 

5.  On 16 July 1966 he was wounded in the legs and was medically evacuated first to a hospital in Vietnam and then to Okinawa, where he remained assigned after his release.  He was awarded the Purple Heart on 5 December 1966; however, it was never entered in his records.

6.  He was transferred to Fort Benning, Georgia, on 9 September 1967 and was promoted to the pay grade of E-5 on 26 August 1968.  He was honorably released from active duty (REFRAD) on 24 October 1968 and was transferred to the United States Army Reserve Control Group (Reinforcement).  He had served 3 years of total active service and was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal. 

7.  A review of the applicant’s records shows that he is also entitled to awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGCw/palm), the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) and the Valorous Unit Award (VUA).  However, those awards were never entered on his records as well.

8.  His records also show that he had excellent conduct and efficiency ratings throughout his service and there not only is no indication that he was awarded the GCMDL, there is also no indication that the commander took any steps to deny him the award of the GCMDL.

9.  Army Regulation 672-5-1, in effect at the time, provided the criteria for award or disqualification of the GCMDL.  It states, in pertinent part, that in instances of disqualification, as determined by the unit commander, the commander will prepare a statement of disqualification outlying the rationale for disqualification and refer it to the individual concerned for comment.  After considering the individuals comments, if the decision remains the same, the disqualification 

statement along with the individuals statement will be forwarded to the custodian of personnel records for entry into the individual’s records and establishment of a new eligibility date.  An entry of disqualification on the personnel records is required.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was wounded, that he was awarded the Purple Heart and that the award was omitted from his records. Accordingly, the Board finds that it would be in the interest of justice to correct that error at this time. 

2.  Although there is no evidence to show that he was awarded the GCMDL, the Board finds that given the lack of disqualifying evidence to show that he would not have been entitled to the award, that it is reasonable to believe that he was awarded the GCMDL as he contends and that like the Purple Heart, it was an administrative oversight on the part of the Department.

3.  The evidence of record also shows that he is entitled to awards of the RVNGCw/Palm Unit Citation, the RVNCAHM-FC Unit Citation and the VUA and that they were also not entered on his records at the time of his REFRAD.

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 by showing that the individual concerned was awarded the Purple Heart, the GCMDL, the RVNGCw/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and the VUA.

BOARD VOTE:  

___dh___  __clg ___  ___cla___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi______
		        CHAIRPERSON

INDEX

CASE ID	AR2001059419	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.