PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 July 2002                  
	DOCKET NUMBER:   AR2002067078

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Thomas B. Redfern III		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 reconsideration of his earlier request that he be awarded the Purple Heart.

3.  The applicant states, in effect, that he sustained a fragment wound in April or May 1969.

4.  The applicant’s military records show that he was inducted on 27 June 1967.  He completed training and, after 4 months in Germany, on 15 June 1969,  he was transferred to the Republic of Vietnam (RVN) as a radio operator with Headquarters and Headquarters Company, 196 Infantry Brigade, Americal Division.  He returned to the United States on 15 June 1969 and, on 18 June 1969 he was separated from active duty with an honorable characterization of service and transferred to the Army Reserve Control Group (Annual Training) in pay grade E-3.

5.  His DD Form 214 (Report of Transfer or Discharge lists his authorized awards 
as the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal and the Expert Qualification Badge with Rifle Bar.  On 25 October 2001 the Board corrected the applicant's records to show that he was also entitled to the Army Commendation Medal and the RVN Gallantry Cross with Palm Unit Citation.

6.  There is an order for a forfeiture of pay of $25.00 per month for 1 month for misconduct (presumably a nonjudicial punishment under Article 15, Uniform Code of Military Justice) but no other misconduct of record.  The applicant had "Excellent" conduct and efficiency ratings throughout his period of service.

7.  The Vietnam Casualty List shows the applicant was a combat casualty on 12 May 1969.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as the 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.  Good Conduct Medal (normal-historical) Army Regulation 600-8-22 also provides that the Good Conduct Medal 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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

10.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include:  Counteroffensive V, ending on 1 November 1968; and Counteroffensive Phase VI, ending on 22 February 1969; Tet 69 Counteroffensive, ending on 8 June 1969; Vietnam Summer-Fall 1969, ending on 31 October 1969.

CONCLUSIONS:

1.  The applicant was wounded as the result of hostile action on 13 May 1969 and is entitled to the Purple Heart.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service and earned the Good Conduct Medal.

3.  The applicant served during four separate campaign periods and is entitled to four bronze service stars for wear on the Vietnam Service Medal.

4.  In view of the foregoing findings and conclusions, correcting the applicant's record as recommended below will correct errors.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards currently listed on his corrected DD Form 214, the applicant is authorized the Purple Heart, the Good Conduct Medal and four bronze service stars for wear on the Vietnam Service Medal.

BOARD VOTE:  

_ JHL___  ___TBR__  __RWA_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_   _JoAnn H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2002067078	
SUFFIX		
RECON		
DATE BOARDED	20020709	
		
DATE OF DISCHARGE	Y	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	 GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.