PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 November 2002                  
	DOCKET NUMBER:   AR2002070065

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Eric N. Andersen		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 that his award of the Purple Heart be shown on his DD Form 214 (Report of Transfer or Discharge)

3.  The applicant states that he failed to notice that the Purple Heart was not listed on his DD Form 214 until he applied for health care at the Department of Veterans Affairs (VA).  He submits a copy of a 15 October 1968 Purple Heart certificate showing that he was wounded in action on 14 October 1968.

4.  The applicant’s military records show that he was inducted on 11 July 1967.  Following training as an infantryman he served in Germany for approximately 4 months and was then transferred to Vietnam on 9 April 1968.  He served with D Company, 2nd Battalion, 12th Infantry, 25th Infantry Division where he was awarded the Combat Infantryman Badge on 13 August 1968.

5.  The applicant was wounded in action and apparently evacuated to the Walter Reed Army Medical Center, Washington, D.C.  Various inquiries dating from 1969 indicate that his medical records were misplaced when or shortly after he left Walter Reed.  The only available medical document that shows what happened to him is a Clinical Record Data Sheet indicating that he was seriously wounded in the chest by a booby trap on 14 October 1968.

6.  The applicant was returned to duty in January 1969, stationed at Fort Benning, Georgia and separated as a specialist (E-4) with an honorable characterization of service on 11 July 1969, due to the expiration of his term of service.  There are no discreditable incidents of record and his conduct and efficiency ratings were exclusively excellent throughout his period of active duty.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with 1960 device, the Expert Qualification Badge with Rifle Bar and the Combat Infantryman Badge. 

7.  Army Regulation 600-8-22 provides that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Army Pamphlet 672-3 (Unit Citation and Campaign Register) indicates that Company D, 2nd Battalion, 12th Infantry was awarded the Presidential Unit Citation for the period 
5 - 10 May 1968.

8.  Army Pamphlet 672-3 also shows that the 2nd Battalion, 12 Infantry was awarded the Republic of Vietnam (RVN) Civil Actions Honor Medal, First Class, for the period 1 August 1967 to 12 January 1970. 

9.  Department of the Army General Orders 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973. 

10.  Army Regulation 600-8-22 also 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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20 (Enlisted Qualification Record.

CONCLUSIONS:

1.  The applicant was wounded in action and awarded the Purple Heart.  

2.  As evidenced by his offense free behavior, excellent conduct and efficiency ratings, and combat awards the applicant distinguish himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service and should be awarded the Good Conduct Medal.

3.  The applicant was attached to units that were awarded the Presidential Unit Citation, and the RVN Gallantry Cross with Palm and Civil Action Honor Medal, First Class Unit Citations.

4.  The above listed awards should be shown on the applicant's DD Form 214.

5.  In view of the foregoing, correcting the applicant’s records as recommended below will correct an error and rectify injustices. 

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards currently shown on his DD Form 214, the individual concerned is authorized the Purple Heart, the Good Conduct Medal, the Presidential Unit Citation, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Action Honor Medal, First Class Unit Citation.

BOARD VOTE:  

__MHM__  __ENA__  __JTM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_      Melvin H. Meyer_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002070065	
SUFFIX		
RECON		
DATE BOARDED	20021105	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.