PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 June 2002
	DOCKET NUMBER:   AR2002069652

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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 Transfer or Discharge, DD Form 214, be amended to add the Purple Heart and his Vietnam service medals.

3.  The applicant states that his DD Form 214 does not show any of his Vietnam service medals.  In addition, he sustained a laceration of his head as a direct result of an enemy rocket and mortar attack on 21 December 1970 while serving in Qui Nhon, Vietnam.  He was treated for this injury and placed on light duty but never received the Purple Heart.  He provides his DD Form 214 and a letter from a fellow member of the 527th Personnel Service Company (PSC) as supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on 10 September 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 71V (Card and Tape Writer).

5.  The applicant arrived in Vietnam and was assigned to the 527th PSC on or about 5 March 1970.  He departed Vietnam on 29 December 1970 after receiving credit for three campaigns.  He was released from active duty on 11 June 1971 after completing 1 year, 9 months, and 2 days of creditable active service with no lost time.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as excellent throughout his service.  He has no record of any disciplinary actions.  His DD Form 214 shows he was awarded the National Defense Service Medal and the Sharpshooter Badge Rifle M-14.

6.  Army Regulation 600-8-22 is the current regulation that governs awards and decorations policy and criteria.  It states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It states that the Vietnam Service Medal is awarded for one day of regular service in Vietnam during the period 4 July 1965 through 28 March 1973.  One bronze service star is authorized for wear on the Vietnam Service Medal for each credited campaign.  The Republic of Vietnam Campaign Medal with device 1960 is awarded for 6 months of service in Vietnam during the period 1 March 1961 to 28 March 1973.

7.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award 

only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service

8.  All units assigned to Vietnam have been authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  The historical files of the 527th PSC in Qui Nhon as well as the Qui Nhon Defense Installation Operations Center’s Staff Duty Journals for 21 December 1970 were reviewed at the National Archives, College Park, MD.  The review failed to show the applicant’s entitlement to the award of the Purple Heart.  The Qui Nhon Defense Installation Tactical Operations Center Daily Staff Journal mentioned only one report of 5 – 6 rounds passing near tower number 28 with negative casualties or damage at 11:20 p.m.  The day was summarized by noting the overall enemy activity in the Qui Nhon Installation was low.  

10.  A review of records at the U. S. Total Army Personnel Command revealed that the applicant was not listed on the Republic of Vietnam Casualty Roster.

CONCLUSIONS:

1.  The evidence of record shows the applicant met the award criteria for award of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with device 1960, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The applicant met the award criteria for award of the Army Good Conduct Medal.

3.  There is no evidence of record and the applicant provides none to show he was wounded in action.

4.  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 applicant the Army Good Conduct Medal for the period 10 September 1969 through 11 June 1971.

2.  That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with device 1960, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__JNS__  __EJA__  __TL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone   ___
		        CHAIRPERSON

INDEX

CASE ID	AR2002069652	
SUFFIX		
RECON		
DATE BOARDED	2002/06/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0073	
4.	107.0088	
5.		
6.