PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           7 March 2002 
	DOCKET NUMBER:   AR2002067497

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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) dated 2 September 1967, be corrected to show award of the Purple Heart. 

3.  The applicant states, in effect, that the award of the Purple Heart was never entered on his DD Form 214.  

4.  He was inducted 14 September 1965, completed Basic Combat Training, Basic Airborne Training, Special Forces Training and Advanced Individual Training and was awarded MOS (Military Occupational Specialty) 05B4S (IS Radio Operator).  He served for 9 months and 10 days in the Republic of Vietnam (RVN) with the U. S. Army Counter-Insurgency and Civic Actions Detachment, 5th Special Forces Group.  In August 1967, he returned from overseas and was temporarily assigned to the U.S. Army Personnel Center, Oakland, California awaiting separation processing. 

5.  On 2 September 1967 he was honorably separated and transferred to the United States Army Reserve (USAR) for completion of his remaining service obligation.  He was credited with 1 year, 11 months and 19 days of active service and no lost time.  The highest grade he attained was pay grade E-5.  

6.  At the time of his separation, his DD Form 214, item 24 (awards and decorations) showed the following awards, the National Defense Service Medal, the Combat Infantryman Badge the Vietnam Service Medal the Vietnam Campaign Medal with 60 Device, the Parachute Badge and the Expert Marksmanship Badge with Rifle Bar.  It does not show the award of the Purple Heart.

7.  The applicant’s service record contains General Orders Number 10, Headquarters, 7th Field Hospital, dated 17 April 1967, which awarded him the Purple Heart. 

8.  The available records do not show that the applicant was awarded the Good Conduct Medal.  However, there is no evidence of misconduct or that his unit commander disqualified him from award of the Good Conduct Medal, neither is there any derogatory information contained in the available records.  

9.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) dated 29 January 1988, shows that the applicant was assigned to a unit which was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

11.  This publication also shows that the unit, was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

12.   Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or
60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  

13.  The applicant is entitled to one bronze service star for wear on his Vietnam Service Medal for his participation in the Vietnam Counteroffensive Phase II.

CONCLUSIONS:

1.  The evidence of record substantiates that the applicant was awarded the Purple Heart.

2.  The applicant is also entitled to the Presidential Unit Citation the RVN Gallantry Cross with Palm Unit Citation and one bronze service star for wear on his Vietnam Service Medal.  These awards should also be added to his DD Form 214.  

3.  Additionally, the applicant has also distinguished himself by his promotion to Sergeant (E-5), his efficiency and fidelity, his combat service and his offense free behavior.  He earned the Good Conduct Medal, for the period from 14 September 1965 through 2 September 1967.

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 by adding the following awards and decorations to item 24 on his DD Form 214 issued to him on 2 September 1967:

a.  the Purple Heart Medal;

b.  the Good Conduct Medal; 

c.  the Vietnam Service Medal with one bronze service star;

d.  the Presidential Unit Citation;

e.  the RVN Gallantry Cross with Palm Unit Citation. 

BOARD VOTE:  

___RVO__  __JPI__  ____RKS_  GRANT AS STATED IN RECOMMENDATION

________  _______  _________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067497	
SUFFIX		
RECON		
DATE BOARDED	2002.03.7	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19670902	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	A107.0015	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0056	
2.	107.0094	
3.	107.0031	
4.		
5.		
6.