PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 October 2001
	DOCKET NUMBER:   AR2001059490

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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, in effect, that his military records be corrected to show award of the Purple Heart (PH).

3.  The applicant states, in effect, that he was awarded the PH and it was omitted from his Armed Forces of the United States Report of Transfer or Discharge 
(DD Form 214).  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show that on 13 June 1967, he was inducted into the Army for a period of 2 years.  He successfully completed basic training, advanced individual training, and the basic airborne course.  Upon the completion of his training he was awarded military occupational specialty (MOS) 11B (Infantryman), the additional skill identifier of P (Parachutist), and he was assigned to the Republic of Vietnam (RVN) for his first permanent duty station. 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he arrived in the RVN in December 1967 and that he was further assigned to 
D Company, 1st Battalion (Airborne), 502nd Infantry Regiment as a rifleman.  It also confirms, in block 41 (awards and decorations), that during his active duty tenure he received the following awards and decorations:  National Defense Service Medal; Parachutist Badge; Combat Infantryman Badge; Vietnam Service Medal; and RVN Campaign Medal (RVNCM).  

6.  Item 40 (wounds) of the DA Form 20 contains an entry that verifies the applicant was wounded in action when he received multiple fragment wounds to the face and both legs on 2 March 1968.  In addition, a Department of the Army (DA) message, dated 11 March 1968, and a Western Union Telegram, dated 
12 March 1968, that are on file in his Military Personnel Records Jacket (MPRJ) confirm that he was slightly wounded in the RVN on 2 March 1968 as a result of hostile action.  They also verified that he received metal fragment wounds to his face and both legs while on a combat operation.

7.  On 14 March 1969, the applicant was honorably released from active duty in the rank and pay grade of specialist/E-4 (SPC/E-4) after completing a total of 
1 year, 9 months, and 2 days of active military service.  The DD Form 214 issued to him upon his separation does not include the PH as an authorized award. 

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 and it states, in pertinent part, that the PH is awarded to any member wounded in action if the wound required treatment by a medical officer and this treatment must have been made a matter of official record.  

9.  Chapter 4 prescribes the policy for award of the Army Good Conduct Medal (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.  It also establishes that for the first award only, a period of more than 1 year of service is a qualifying period for award of the AGCM upon termination of that period of service. 

10.  Army Regulation 600-8-22 (Military Awards) also provides, in pertinent part, for awarding the Republic of Vietnam Campaign Medal with 60 Device to members who completed qualifying service in the RVN.  It further indicates that Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with 60 Device.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the PH and it finds this claim has merit.  The evidence of record confirms that he received fragment wounds to the face and both legs while on a combat operation in the RVN on 2 March 1968.  Therefore, the Board concludes it would be appropriate to correct his record to show he was awarded the PH. 

2.  In addition, there is no evidence that shows the applicant 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 prior to his separation.  Therefore, given he completed the necessary qualifying period of service for the first award of the AGCM, the Board finds he was entitled to receive the AGCM upon his separation from active duty on 14 March 1969 and it would be appropriate to add this award to his record at this time. 

3.  The evidence of record shows the applicant is entitled to have his DD Form 214 corrected to show award of the Republic of Vietnam Campaign Medal with 60 Device.

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 awarding the individual concerned the PH based on his being wounded in action on 2 March 1968 while serving as a private first class in the RVN; awarding him the Army Good Conduct Medal for his honorable service from 
13 June 1967 to 14 March 1969; awarding him the Republic of Vietnam Campaign Medal with 60 Device; and by providing him a corrected separation document that reflects these changes. 

BOARD VOTE:  

__CLA__  __AAO__  __HBO __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Celia L. Adolphi  __
						     CHAIRPERSON

INDEX

CASE ID	AR2001059490	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/30	
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.