PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 May 2002
	DOCKET NUMBER:   AR2002068947

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Paula Mokulis		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 award of the Purple Heart.

3.  The applicant states, in effect, that he was awarded the Purple Heart, but it was not included on his report of separation (DD Form 214).  In support of his application, he submits a copy of the Purple Heart Certificate. 

4.  The applicant’s military records show that he was inducted on 13 June 1968.  He successfully completed his training and was transferred to Vietnam on 9 November 1968.  He was assigned to Company C, 2nd Battalion, 8th Cavalry Regiment, 1st Air Cavalry Division, for duty as a rifleman and was advanced to the pay grade of E-4 on 13 March 1969.

5.  On 18 April 1969, he was transferred to Walter Reed General Hospital (WRGH) for treatment of a wound to the left arm, incurred in December 1968.  He remained at WRGH until 13 June 1969, when he was transferred to Fort Knox, Kentucky, where he remained until he was honorably released from active duty on 12 June 1970, due to the expiration of his term of service.  He had served 2 years of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  His records show that he had excellent conduct and efficiency ratings throughout his service and there is no record of any disciplinary action being taken against him during his service.

6.  Although his records contain no evidence that he was awarded the Purple Heart for his wound, the certificate provided by the applicant shows that he was awarded the Purple Heart by the hospital commander on 23 January 1969, for wounds received in action on 13 December 1968.  His separation physical examination also confirms this wound.

7.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

8.  Army Regulation 672-5-1 also prescribed Army policy, criteria, and administrative instructions concerning 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.  Action to disqualify an individual requires a commander notify the individual concerned of the reasons for disqualification and a permanent entry be made in his records to indicate permanent disqualification for a particular period of service.

9.  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 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 service in Vietnam during the period he was assigned to the unit.

10.  Army Regulation 672-5-1 also provides, in pertinent part, that the Purple Heart is awarded for a wound 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.

CONCLUSIONS:

1.  The evidence submitted by the applicant, as well as the evidence of record, confirms that the applicant was wounded in action on 13 December 1968, while serving as a rifleman in Vietnam.  Accordingly, it is reasonable to presume that he was awarded the Purple Heart and that an administrative oversight resulted in the omission of that award from his records.  Accordingly, it would be in the interest of justice to correct that error at this time.

2.  Inasmuch as the applicant was serving in an infantry unit and was wounded in combat, the Board also finds that he was eligible for the award of the Combat Infantryman Badge (CIB).  Accordingly, it should also be awarded at this time.

3.  Although the applicant’s unit was awarded the RVNGC w/Palm and the RVNCAHM-FC after his departure, he was entitled to receive those awards as well.

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 13 June 1968 to 12 June 1970.  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:  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 Purple Heart.

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

c.  by awarding him the AGCM for the period of 13 June 1968 to 12 June 1970.

BOARD VOTE:  

___jpi___  ____pm _  __rvo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2002068947	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  102	107.0056/AGCM	
3.  140	107.0094/RVNGC	
4.  141	107.0095/RVNCAHM	
5.  157	107.0111/CIB	
6.