PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           20 June 2002       
	DOCKET NUMBER:   AR2002067441

	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:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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, reconsideration of his earlier request to be awarded the Purple Heart.  (The applicant's request was previously considered by the Board on 26 March 1980.  He believes that the change in the legislation as it applies to "friendly fire" injuries is applicable to his case.  However, his crushed hand was clearly an accidental injury, even if his battery was firing at the enemy.  There is no substantial relevant evidence that shows fraud, a mistake in law, a mathematical miscalculation, or a manifest error, as is required by Army Regulation 15-185 in this kind of reconsideration case, and the request for award of the Purple Heart does not warrant Board Review.)

3.  It is the normal practice of this Board to review each request for an award as if it is a request to review the applicant's record for all awards that might be authorized. 

4.  The applicant’s military records show that he enlisted and entered active duty on 27 February 1970.  He served in Vietnam as a cannoneer from 23 July 1970 to 27 March 1971 with A Battery, 3rd Battalion, 18th Artillery, Americal Division.  He was injured when his right hand was crushed by the breech mechanism of a howitzer on 27 March 1971 and he was evacuated to the United States.  On 14 December 1971 the applicant was separated with an honorable characterization of service and transferred to the Army Reserve in pay grade E-4. The applicant's conduct and efficiency ratings were excellent throughout his enlistment.  There is no discreditable evidence of record.  

5.  His DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal and the [Republic or Vietnam (RVN)] Vietnam Campaign Medal [with "1960-" Device].

6.  Special orders dated 25 October 1971 awarded the applicant the Expert Qualification Badge with Rifle Bar.

7.  Army Regulation 600-8-22 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 (Enlisted Qualification Record).

8.  Department of the Army General Orders 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

9.  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 also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include:  The Sanctuary Counteroffensive 1970 ending on 30 June 1970 and the Counteroffensive Phase VII, ending on 30 June 1971. 

CONCLUSIONS:

1.  The applicant was awarded the Expert Qualification Badge with Rifle Bar. 

2.  The applicant distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service and he earned the Good Conduct Medal.  He should be awarded the Good Conduct Medal for the period from 27 February 1970 through 14 December 1972

3.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation.

4.  He earned a bronze service star for wear on the Vietnam Service Medal.

5.  The above awards should be listed on his DD Form 214.

6.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards shown on his DD Form 214, the individual concerned is authorized the Good Conduct Medal, the RVN 

Gallantry Cross with Palm Unit Citation, one bronze service star for wear on the Vietnam Service Medal, and The Expert Qualification Badge with Rifle Bar.

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

BOARD VOTE:  

__RVO__  __RWA__  __JTM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2002067441	
SUFFIX		
RECON		
DATE BOARDED	20020620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	R . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.