PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 August 2002
	DOCKET NUMBER:   AR2002068903

	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:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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 report of separation (DD Form 214) be corrected to reflect his awards of the Purple Heart and the Air Medal.

3.  The applicant states, in effect, that he was wounded in the left hand and was medically evacuated to a hospital in Vietnam for treatment.  He goes on to state that he spent the last few months in a helicopter flying supplies for the 4th Infantry Division.

4.  The applicant’s military records show that he was inducted in Milwaukee, Wisconsin, on 8 January 1969.  He successfully completed his training and was transferred to Vietnam on 11 June 1969, for duty as a light weapons infantryman with Company A, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division.  He was promoted to the pay grade of E-5 on 12 March 1970.

5.  The available records show that he served as an infantryman during his entire tour in Vietnam and he received excellent conduct and efficiency ratings throughout his tour.  He departed Vietnam on 10 June 1970 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty on 7 January 1971, due to the expiration of his term of service (ETS).  He had served 2 years of total active service and was awarded the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal (VSM) with two bronze service stars (he actually served in three campaigns and is entitled to three bronze service stars), Combat Infantryman Badge, the Vietnam Campaign Medal, the Army Commendation Medal and the Bronze Star Medal with “V” device.

6.  A review of the available records, as well as a search of records at the National Archives in College Park, Maryland, failed to reveal that the applicant was ever recommended for or awarded the Purple Heart or Air Medal for his service in Vietnam.  They also fail to show that he was ever reported as a casualty, that he was wounded, or that he was treated for such a wound.  His records contain no evidence of any derogatory information or disciplinary action.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8.  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 the applicant’s unit was awarded the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation for the period of 1 October 1966 to 31 October 1969. 

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

10.  That regulation also prescribed the criteria for award of the Air Medal.  It states, in pertinent part, that award of the Air Medal is primarily intended to recognize those personnel who are on current crewmember or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their duties.  However, it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than a passenger status, or individuals who perform a particularly noteworthy act while performing the function of a crewmember, but who are not on flying status.  These individuals must make a discernible contribution to the operational land combat mission or the mission of the aircraft in flight.

CONCLUSIONS:

1.  There is no evidence in the available records to show that the applicant was wounded or injured in Vietnam during an action by enemy forces or that he was treated for such.  Accordingly, in the absence of evidence to the contrary, there appears to be no basis to correct his records to show that he was awarded the Purple Heart.

2.  Additionally, there is no evidence to show that he was recommended for, awarded, or is entitled to an award of the Air Medal.  Therefore, absent evidence to the contrary, the Board has no basis to correct his records to show that he was awarded the Air Medal.

3.  However, the evidence of record does show that he is entitled to be awarded the RVNCAHM-FC Unit Citation and an additional bronze service star for wear on his already awarded VSM.  Therefore, the Board finds that it would be in the interest of justice to do so at this time.

4.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 8 January 1969 through 7 January 1971.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

5.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

6.  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 by awarding the individual concerned an additional bronze service star to be worn on his already awarded VSM; the RVNCAHM-FC Unit Citation; and the AGCM for the period of 8 January 1969 through 7 January 1971. 

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

BOARD VOTE:  

__jhl   ___  ___bjl___  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068903	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  64	107.0018/AM	
3.		
4.		
5.		
6.