PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 June 2002       
	DOCKET NUMBER:   AR2002069854

	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:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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) with an effective date of 5 June 1970 to show award of the Purple Heart with First Oak Leaf Cluster and the Good Conduct Medal. 

3.  The applicant states, in effect, that his second award of the Purple Heart and the Good Conduct Medal are not shown on his DD Form 214.  He contends that there was no record of these awards until he submitted documentation in 1975 while serving in the Coast Guard.  In support of his application, he submits orders for award of the Purple Heart, dated 29 September 1968; an official statement of award of the Purple Heart with First Oak Leaf Cluster, dated 29 July 1975; a Western Union Telegram, dated 6 August 1968; DA Form 1577 (Authorization for Issuance of Awards), dated 30 July 1975; three Army DD Forms 214 and one Coast Guard DD Form 214.  

4.  The Disabled American Veterans, as counsel for the applicant, contends that there is more than sufficient evidence to support the applicant’s request for correction of his military records to show a second award of the Purple Heart and the Good Conduct Medal.  Counsel points out that the applicant provided a letter, dated 29 July 1975, which states that the applicant is entitled to the Purple Heart with First Oak Leaf Cluster for wounds received in action on 31 July 1968 in Vietnam.  Counsel also states that the applicant’s DD Forms 214 reflect six years of honorable service and that the applicant performed three years of continuous honorable service from 6 June 1967 to 5 June 1970.   

5.  The applicant’s military records show that he enlisted on 6 June 1966 for a period of 3 years.  He trained as a light weapons infantryman and was honorably discharged on 5 June 1967 for immediate reenlistment.  He reenlisted on 6 June 1967 for a period of 3 years.  He served as an infantry operations and intelligence specialist in Vietnam from 25 July 1967 through 1 March 1969 and was released on 5 June 1970.  He entered active duty again on 25 January 1971.  He served a second tour in Vietnam from 17 January 1972 through 
28 July 1972 and was released on 25 October 1973.  The applicant subsequently served in the U.S. Coast Guard.    

6.  The applicant’s DD Form 214 with an effective date of 5 June 1970 does not show the Purple Heart with First Oak Leaf Cluster or the Good Conduct Medal as authorized awards.  This DD Form 214 does show the Purple Heart as an authorized award.

7.  Headquarters II Field Force Vietnam General Orders Number 1289, dated 
29 September 1968, show the applicant was awarded the Purple Heart for wounds sustained on 7 April 1968 in Vietnam.  

8.  A Western Union Telegram, dated 6 August 1968, shows the applicant was slightly wounded in Vietnam on 31 July 1968 as a result of hostile action.  The applicant provided an Official Statement of Award of Purple Heart, dated 29 July 1975, which shows entitlement to the Purple Heart with First Oak Leaf Cluster.

9.  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.

10.  In support of his claim, the applicant provided a DA Form 1577 (Authorization for Issuance of Awards), dated 30 July 1975, which shows the Office of the Adjutant General determined that he was entitled to the Purple Heart with First Oak Leaf Cluster and the Good Conduct Medal.  

11.  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 43, dated 1970.  This award is not shown on his discharge document.
  
12.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

13.  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.  Evidence of record shows the applicant was wounded as a result of hostile action on 7 April 1968 and on 31 July 1968 in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 5 June 1970 to show the Purple Heart with First Oak Leaf Cluster.  

2.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 6 June 1966 through 5 June 1969.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 5 June 1970 to show this award.

3.  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 military records to show this unit citation.  

4.  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 that the individual concerned was awarded the Purple Heart with First Oak Leaf Cluster, the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

RVO____  RWA___  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor_
		        CHAIRPERSON

INDEX

CASE ID	AR2002069854	
SUFFIX		
RECON		
DATE BOARDED	20020620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0000	
4.		
5.		
6.