PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2002
	DOCKET NUMBER:   AR2002069063

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Ms. Melinda M. Darby		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 correction of his records to show award of the Purple Heart.

3.  The applicant states that he was wounded in Vietnam on 11 August 2002.  He contends that he needs the Purple Heart shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to upgrade his Veterans Administration priority from "6" to "3."

4.  The applicant’s military records show that he was inducted on 1 November 1966 and completed training as an infantryman.  He served in Vietnam from 1 December 1967 through 23 October 1968.  The applicant was honorably separated from active duty on 23 October 1968.

5.  The applicant's DD Form 214 does not show the Purple Heart as an authorized award.  

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  However, there is evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds) that he sustained a fragment wound to the right knee on 11 August 1968.  His records also contain a casualty report which shows that the applicant sustained a fragment wound to the right knee on 11 August 1968 at 2230 hours in the III Corps Tactical Zone in Vietnam while engaging a hostile force.

7.  Review of the applicant's records reveals that he was eligible for award of the Good Conduct Medal, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to worn on his Vietnam Service Medal.  These awards are not shown on his DD Form 214.

8.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency was rated as "excellent" throughout his service and there is no indication of indiscipline in his records.

9.  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 Valorous Unit Award for actions during the period 13 June 1968 to 23 September 1968 by Department of the Army General Orders Number 52, dated 1974.  

10.  Department of the Army Pamphlet 672-3 shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 14 March 1968 to 30 October 1968 by Department of the Army General Orders Number 5, dated 1977.  

11.  The Department of the Army Pamphlet 672-3 also lists the foreign unit awards received by units serving in Vietnam.  This document shows that the unit, to which the applicant was assigned in Vietnam, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 43, dated 1970.

12.  The Department of the Army Pamphlet 672-3 shows that the unit, to which the applicant was assigned in Vietnam, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 48, dated 1971.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation shows that the applicant served in four campaigns during his service in Vietnam:  Vietnam Counteroffensive Phase III; Tet Counteroffensive; Vietnam Counteroffensive Phase IV; and Vietnam Counteroffensive Phase V.

14.  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.  

CONCLUSIONS:

1.  Official Army records show that the applicant was wounded as a result of hostile action on 11 August 1968.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his military records to show this award.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 1 November 1966 through 23 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  Orders show the applicant is entitled to award of the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  Records show the applicant served in four campaigns during his service in Vietnam; therefore, he is entitled to wear four bronze service stars on his Vietnam Service Medal and to correction of his records to show award of the Vietnam Service Medal with four bronze service stars.

5.  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 showing the individual concerned was awarded the Purple Heart, the first award of the Good Conduct Medal, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with four bronze service stars.

BOARD VOTE:  

__JHL___  __REB__  __MMD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Joann H. Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2002069063	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020919	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.