PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           11 December 2001
	DOCKET NUMBER:   AR2001060721

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Thomas E. O'Shaughnessy, 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to include the award of the Purple Heart (PH) and any other individual or unit citations or commendations that he deserves.

3.  The applicant states that he was wounded on 24 May 1969 and was awarded the PH on 16 September 1969.  He also states he was wounded on one other occasion.

4.  In support of his application, the applicant submitted a copy of a certificate awarding him the PH for wounds received in action in the Republic of Vietnam on 24 May 1969.  He provided no evidence in support of a second wounding.

5.  The applicant’s military records show that he was inducted into the Army of the United States on 1 August 1968 for a period of 2 years.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was assigned to the Republic of Vietnam.

6.  On 5 January 1969, the applicant was assigned to the Americal Combat Center for in-country indoctrination.  On 16 January 1969, he was assigned to Company C, 5th Battalion, 46th Infantry, 198th Infantry Brigade, where he served until 29 December 1969.

7.  On 29 December 1969, the applicant departed Vietnam and was assigned to Fort Carson, Colorado.  On 7 April 1970, he requested early release under the provisions of paragraph 10, Army Regulation 635-205, in order to help his father with farm work.  In support of his request, the applicant provided a letter from his father and the county extension agent.

8.  On 20 April 1970, the applicant’s request for early release was approved.  Accordingly, on 4 May 1970, the applicant was released from active duty and transferred to the United States Army Reserve after completing 1 year, 9 months, and 4 days of active service.  His DD Form 214 credits him with the following awards:  National Defense Service Medal, Vietnam Service Medal with 3 Bronze Service Stars, Vietnam Campaign Medal with 60 Device, Combat Infantryman Badge, and Bronze Star Medal.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH).  It stated that soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.
10.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (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 Good Conduct Medal, disqualification must be justified.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969 by Department of the Army General Order Number 42, dated 1972, and amended by Department of the Army General Order Number 11, dated 1973.

CONCLUSIONS:

1.  Although the applicant’s award of the PH is not reflected on his DD Form 214, the applicant submitted a copy of his PH Certificate awarding him the PH for wounds received in action in the Republic of Vietnam on 24 May 1969.  Therefore, the Board accepts the applicant’s PH Certificate as proof that he was awarded the PH, and authorizes the PH to be shown on his DD Form 214.  The applicant did not provide, nor does the record contain evidence of a second wounding.

2.  The applicant is also entitled to the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  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 issuing to the individual concerned a DD Form 215, (Correction to DD Form 214) awarding him the PH, Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

__KAK__  __REB__  __TEO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_  __Karol A. Kennedy__
		        CHAIRPERSON

INDEX

CASE ID	AR2001060721	
SUFFIX		
RECON		
DATE BOARDED	2001/12/11	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19450605	
DISCHARGE AUTHORITY	AR 615-361	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.	107.0066	
3.		
4.		
5.		
6.