PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 August 2002                  
	DOCKET NUMBER:   AR2002067769

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret V. Thompson		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) be corrected to show that he was awarded the Purple Heart (PH).

3.  The applicant states that he was wounded in Vietnam and earned the PH.

4.  The applicant’s military records show that he was inducted into the Army of the United States (AUS) on 16 November 1966 and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 3 May 1967 through 21 December 1967 with Company D, 4th Battalion, 31st Infantry, 196th Light Infantry Brigade.

5.  On 23 November 1967, the applicant received a gunshot wound to his left leg. This is recorded on his DA Form 20 (Enlisted Qualification Record) in Item 40 (Wounds), and it is also recorded on the Vietnam Casualty Fiche.

6.  The applicant was transferred from Vietnam to the Medical Holding Company, US Army Hospital, Fort Gordon, Georgia, where he recuperated from his leg wound.  On 9 April 1968, he was released from the Medical Holding Company and transferred to Fort Benning, Georgia.

7.  The applicant was separated from the Army at Fort Benning on 19 November 1968.  His DD Form 214 shows that he had 2 years and 4 days of creditable service and no lost time.  He was credited with the following awards:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM) with 2 Bronze Service Stars (BSS), Republic of Vietnam Campaign Medal (VCM) with Device (1960), Combat Infantryman Badge (CIB), 1 Overseas Service Bar (OSB), Expert Marksmanship Qualification Badge (Rifle, M-14 and MG, M-60), and Marksman Marksmanship Qualification Badge (Rifle, M-16).

8.  The applicant enlisted in the Regular Army (RA) for 4 years on 6 March 1974 in MOS 11B.  He was separated on 24 April 1978 with an honorable discharge.  His DD Form 214 shows that he had 4 years of creditable service and 50 days of lost time due to being absent without leave (AWOL) and in confinement.  He was credited with the following awards:  NDSM, 1 OSB, VSM, VCM, Good Conduct Medal [for the period 6 March 1974 through 5 March 1977], and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

10.  AR 600-8-22 provides that the Good Conduct Medal (GCMDL) 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.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge for the period 20 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.  It also shows that the unit was awarded the Valorous Unit Award (VUA) for the period 15 November 1967 through 3 February 1968 by Department of the Army General Orders Number 5, dated 1969.

12.  AR 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Current policy requires that awards and decorations for all periods of service be listed.

CONCLUSIONS:

1.  The applicant was wounded in Vietnam on 23 November 1967.  His DA Form 20 and the Vietnam Casualty Fiche verify this fact; he is entitled to award of the PH.

2.  During his first period of service in the AUS, the applicant qualified for award of the PH, GCMDL, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the VUA.  His DD Form 214 dated 19 November 1968 should be corrected to reflect the following awards:  PH, GCMDL, NDSM, VSM with 2 BSS, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, VCM with Device (1960), CIB, Expert Marksmanship Qualification Badge (Rifle, M-14 and MG, M-60), and Marksman Marksmanship Qualification Badge (Rifle, M-16).

3.  During his second period of service in the RA, the applicant qualified for a second award of the GCMDL.  His DD Form 214 dated 24 April 1978 should reflect the same awards as his first DD Form 214, but his GCMDL should reflect a second award.

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 deleting the awards shown in Item 24 of the DD Form 214 issued to the individual concerned on 19 November 1968 and by issuing the individual a DD Form 215 (Correction to DD Form 214) to show the following awards in Item 24 -- PH, GCMDL, NDSM, VSM with 2 BSS, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, VCM with Device (1960), CIB, Expert Marksmanship Qualification Badge (Rifle, M-14 and MG, M-60), and Marksman Marksmanship Qualification Badge (Rifle, M-16); and

	b.  By deleting the awards shown in Item 26 of the DD Form 214 issued to the individual concerned on 24 April 1978 and by issuing the individual a DD Form 215 to show the following awards in Item 26 -- PH, GCMDL (2nd award), NDSM, VSM with 2 BSS, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, VCM with Device (1960), CIB, Expert Marksmanship Qualification Badge (Rifle, M-14 and MG, M-60), and Marksman Marksmanship Qualification Badge (Rifle, M-16)

BOARD VOTE:  

__rjw___  __le____  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Raymond J. Wagner
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067769	
SUFFIX		
RECON		
DATE BOARDED	20020808	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19681119	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.		
4.		
5.		
6.