PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 January 2003    
	DOCKET NUMBER:   AR2002069257

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae Bullock 		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Good Conduct Medal and the Vietnam Campaign Medal.

3.  The applicant states, in effect, that he was wounded by shrapnel on 
23 August 1968 in Vietnam.  He also contends that he is entitled to the Good Conduct Medal for his three years of service.  In support of his application, he submits an attachment of explanation; a copy of his DD Form 214; a letter, dated 19 February 2002, from a Member of Congress; and a letter, dated 9 February 2002.   

4.  The applicant’s military records show that he enlisted on 14 March 1966 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from 
6 December 1967 through 23 October 1968 and was honorably released from active duty on 7 March 1969. 

5.  The applicant’s DD Form 214 does not show the Purple Heart or the Good Conduct Medal as authorized awards. 

6.  The applicant’s DD Form 214 does show the “VCM W/Dvc 60” [Vietnam Campaign Medal with Device (1960)] as an authorized award.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.    

7.  There is no evidence in the applicant’s service personnel records which shows that he was wounded in action on 23 August 1968 in Vietnam.  However, the Vietnam Casualty Roster shows the applicant was wounded by hostile action on 6 March 1968 in Vietnam.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

9.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in four campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  This award is not shown on his discharge document.
 
11.  Army Regulation 600-8-22 (Military Awards) 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

12.  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.  

13.  Army Regulation 600-8-22, 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.

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he was wounded by shrapnel on 23 August 1968 in Vietnam.  However, the evidence of record does not support this contention.  

2.  Evidence of record shows the applicant was wounded by hostile action on 
6 March 1968 in Vietnam.  Therefore, the Board determined that there is sufficient evidence on which to base an award of the Purple Heart for wounds received in action on 6 March 1968 in Vietnam.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 14 March 1966 through 7 March 1969 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.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.   

5.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.
6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds received in action on 6 March 1968 in Vietnam, the first award of the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

MKP___  JLP_____  MB______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2002069257	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.