PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 May 2002
	DOCKET NUMBER:   AR2002066313

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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 show that he was awarded the Purple Heart.

3.  The applicant states that he was awarded the Purple Heart while he was stationed in Vietnam in 1967.  He states that he was in the field when he was presented with the Purple Heart; however, it was omitted from his Report of Transfer or Discharge (DD Form 214).  

4.  The applicant’s military records show that he was inducted into the Army in Chicago, Illinois, on 19 September 1966 and he successfully completed his training as a cannoneer.  On 28 January 1967, he was transferred to Vietnam and was assigned to Company C, 4th Battalion, 47th Infantry Regiment.  He was subsequently assigned to Battery B, 1st Battalion, 84th Artillery.

5.  His awards include the Vietnam Service Medal with three bronze service stars, the National Defense Service Medal, the Combat Infantryman Badge, and the Expert Badge (Rifle M-14).

6.  A review of the medical documentation contained in the applicant’s records show that on 6 June 1967, while he was in Vietnam, he was treated by medical personnel for a shrapnel wound to his right leg.

7.  He was advanced to the pay grade of E-4 on 1 January 1968.  He departed Vietnam on 22 February 1968 and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty (REFRAD) on 18 September 1968, due to the expiration of his term of service.  He had served 2 years of total active service and had excellent conduct and efficiency ratings throughout his service.  His records contain no evidence of any disciplinary action being taken against him during his service.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart 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.

9.  That regulation also prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.
10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  

11.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class (RVNCAHM-FC) Unit Citation and the Valorous Unit Award (VUA) for service in Vietnam, during the period in which the applicant served in the unit.

CONCLUSIONS:

1.  The evidence of record clearly shows that he was wounded and treated by a medical physician for a shrapnel wound he received in his right leg while serving in Vietnam.  Therefore, it is reasonable to presume that he was awarded the Purple Heart as he claims and that an administrative error was made which resulted in the omission of the Purple Heart.  Accordingly, it would be in the interest of justice to correct that error at this time.

2.  Although awarded subsequent to the applicant’s departure from Vietnam, the applicant was entitled to awards of the RVNGC w/Palm and RVNCAHM-FC Unit Citations as well as the VUA.  Therefore, it would be appropriate to award them to him at this time and to correct his records accordingly.

3.  Inasmuch as the applicant was in Vietnam performing the duties as a cannoneer when he was wounded, it is reasonable to presume that the wound was a result of hostile action by enemy forces and that he was awarded the Purple Heart.

4.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 19 September 1966 through 18 September 1968.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

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 be corrected:

a.  by showing that the individual concerned was awarded the Purple Heart for wounds that he received in his right leg on 6 June 1967.

b.  by awarding him the AGCM for the period of 19 September 1966 through 18 September 1968, while serving in the pay grade of E-4; and 

c.  by awarding him the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and the VUA.

BOARD VOTE:  

___fe ___  __pm ___  __ra ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002066313	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.