PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           14 MARCH 2002
	DOCKET NUMBER:   AR2002066956

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Roger W. Able		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 military records be corrected to reflect award of the Purple Heart.

3.  The applicant states he was awarded a Purple Heart, but the award was never recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He states that he was not aware of the error until he underwent a "pension exam" in 2001 and the error was brought to his attention.  In support of his request he submits a copy of his Purple Heart award certificate.

4.  The applicant's military records indicate he was a member of the New Hampshire Army National Guard when he was ordered to active duty with A Battery, 3rd Battalion, 197th Field Artillery on 13 May 1968.

5.  The applicant arrived in Vietnam in September 1968, and remained with the 197th Field Artillery until 20 May 1969, when he was transferred to the 1st Field Forces with ultimate assignment to the 6th Battalion, 32nd Artillery on 23 May 1969.  The applicant remained in Vietnam until July 1969 when he returned to the United States.  An installation clearance record, authenticated by the applicant's unit commander, indicates his conduct and efficiency ratings were excellent, and that he was recommending the applicant for an award of the Army Good Conduct Medal.

6.  The Purple Heart certificate, submitted in support of the applicant's petition, indicates he was awarded the Purple Heart on 7 May 1969, while serving in pay grade E-4.  The award certificate is authenticated by a Field Artillery officer and by Secretary of the Army, Stanley R. Resor.  The certificate reflects the applicant's name and correct SSAN (Social Security Account Number).

7.  The applicant's record confirms he was promoted to pay grade E-4 in February 1969.

8.  The applicant was released from active duty on 16 September 1969.  His separation report does not indicate award of the Purple Heart.  Except for a separation physical examination, which does not reflect treatment of any combat wounds, there were no medical records available to the Board.

9.  Army Regulation 672-5-1, then in effect, provided that the Good Conduct Medal was awarded to individuals who distinguished themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous active Federal military service.  Any one of several periods of continuous enlisted active Federal military service qualified for award of the Good Conduct Medal, including, for first award only, upon termination of service on or 

after 27 June 1950, of less than 3 years but more than 1 year.  An award made for any authorized period of less than 3 years must be for the total period of obligated active Federal military service.  The immediate commander must evaluate the soldier’s character as above reproach.  A recommendation by the individual’s immediate unit commander is required for award of the Good Conduct Medal.  His commander recommended the applicant for award of the Good Conduct Medal as part of the applicant’s out-processing procedures but there is no indication he was ever awarded the Army Good Conduct Medal.  

10.  By virtue of the applicant's period of active duty between May 1968 and September 1969, and his assignment with the 197th Artillery and 32nd Artillery in Vietnam between September 1968 and July 1969, he is entitled to the National Defense Service Medal, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation, with Palm, and four bronze service stars on his Vietnam Service Medal.  The Vietnam Service Medal is already reflected on the applicant's separation document but does not include the appropriate number of bronze service stars.

CONCLUSIONS:

1.  The Board notes that there are no orders in the applicant's available records awarding him the Purple Heart, however, the appropriate Secretary of the Army signed his award certificate, and the date of the award and rank on the certificate is consistent with the applicant’s service in Vietnam.  The fact that the certificate was issued shortly before he was reassigned to another unit could explain the absence of the award on his separation document.  In the absence of orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to the Purple Heart, and in the interest of justice concludes it would be appropriate to add the award to his separation document.

2.  The Board also concludes that the applicant should have been awarded an Army Good Conduct Medal for the period 13 May 1968 through 16 September 1969.

3.  The Board notes that the applicant is entitled to the National Defense Service Medal, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation, with Palm, and four bronze service stars on his Vietnam Service Medal, which were omitted from his separation report.

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;

b.  by awarding him an Army Good Conduct Medal for the period 13 May 1968 through 16 September 1969; and

c.  by showing that he is entitled to the National Defense Service Medal, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation, with Palm, and four bronze service stars on his Vietnam Service Medal.  

BOARD VOTE:  

___JHL__  __WTM _  __RWA  _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002066956	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020314	
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.