PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 April 2002
	DOCKET NUMBER:   AR2002068767

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		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 records be corrected to reflect his correct name and all of the awards he is authorized.

3.  The applicant states, in effect, that his report of separation (DD Form 214) contains the wrong middle name of “Richard”, when his actual middle name is “Michael” and it does not reflect that he was awarded the Bronze Star Medal (BSM) or Purple Heart.  In support of his application he submits a copy of a DD Form 214, a copy of his Purple Heart (PH) order, and copies of personal identification documents.   

4.  The applicant’s military records show that at the time he enlisted on 29 November 1968, for a period of 2 years, his middle name was “Daniel”.  He completed his training and was transferred to Vietnam on 11 May 1969, for duty as a light weapons infantryman.  He was initially assigned to C Company, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division.  He was wounded on 17 June 1969 and was awarded the PH.  On 6 July 1969, he was transferred to Company A, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division.  He remained with that unit as a rifleman until 1 October 1969, when he was transferred to Company E of the same battalion.  He was advanced to the rank of specialist four on 21 October 1969.  While assigned to Company E, he was awarded the Combat Infantryman Badge (CIB), the Silver Star (SS), the Air Medal (AM) and the Army Commendation Medal (ARCOM).  He departed Vietnam on 13 April 1970 and was transferred to Fort Riley, Kansas, where he remained until he was honorably released from active duty on 27 November 1970, due to the expiration of his term of service.  He had served 1 year, 11 months and 29 days of active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the ARCOM, the Vietnam Service Medal, the SS, the AM and the CIB.  His records also indicate that he had excellent conduct and efficiency ratings throughout his service and there is no derogatory information contain therein.  His DD Form 214, contained in his records reflects a middle name of “Michael.”

5.  A review of the applicant’s records does contain verification that he was awarded the PH; however, there is no evidence to show that he was awarded the BSM.

6.  His records also show that on 7 June 2001, the National Personnel Records Center (NPRC) provided him an official copy of his correct DD Form 214.

7.  Army Regulation 600-8-22 outlines the criteria for award of the Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL.  Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation for the period he served with the unit.

CONCLUSIONS:

1.  While the Board cannot ascertain how the applicant got a DD Form 214 with an incorrect middle name, the official copy contained in his records has the correct middle name and he has been provided an official copy of that document by the NPRC.  Accordingly, there appears to be no basis to change his name on that document. 

2.  While the evidence of record does substantiate the applicant’s claim that he was awarded the PH, and that it was omitted from his DD Form 214, it does not substantiate his claim that he was awarded the BSM.  Accordingly, his records should be corrected to reflect the award of the PH.

3.  Although the awards of the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation were approved subsequent to his departure, he was and is authorized to receive those awards and to have them entered on his records.

4.  The Board also notes that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL.  Therefore, it would be in the interest of justice to award him the GCMDL for the period of 29 November 1968 to 27 November 1970.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  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 PH.

b.  by awarding him the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation; and

c.  by awarding him the GCMDL for the period of 29 November 1968 to 27 November 1970.

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

BOARD VOTE:  

__wtm___  __rks ___  ___clg __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068767	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  140	107.0094/RVNGC	
4.  141	107.0095/RVNCAHM	
5.  102	107.0056/AGCM	
6.