PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002070285

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen A. Heinz		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 records be corrected to show that he was awarded the Purple Heart.  He states that he sustained a puncture wound between his left thumb and forefinger while defending his forward fire base from enemy attack.  He notes the incident took place in June 1971 and that he was never awarded the Purple Heart.  The applicant states that he was offered the award but declined it.  He now believes he should have accepted the award.  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant was inducted and entered active duty on 28 July 1970.  While undergoing training he qualified as an expert with the grenade and as a sharpshooter with the automatic rifle.  He was awarded the appropriate badges and component bars.  However, the badges were omitted from his separation document.

4.  In March 1971 the applicant was assigned to Vietnam as a cannoneer and promoted to pay grade E-3.  The applicant was initially assigned to the 6th Battalion, 27th Artillery but subsequently reassigned, in November 1971, to the 5th Battalion, 42nd Artillery.  He returned to the United States in January 1972 and on 3 February 1972 was released from active duty with an honorable characterization of service.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

6.  There were no medical records available to the Board and the applicant's name is not among those listed as casualties during the Vietnam War.  Item 40 (wounds) on his Department of the Army Form 20 (Enlisted Qualification Record) is blank.  A review of the historical files of the 6th Battalion, 27th Artillery also failed to confirm that the applicant was wounded as a result of hostile action in June 1971.

7.  Army Regulation 600-8-22 also provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal and no evidence of any misconduct or disciplinary actions, which would serve as a basis to deny him the award.  

8.  A review of Department of the Army Circular Pamphlet 672-3 shows that the applicant is entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm as a result of his service with the 27th Artillery and 42nd Artillery.

CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which confirms that he was wounded as a result of hostile action and as such, there is insufficient evidence to confirm entitlement to the Purple Heart.

2.  The Board does note, however, that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 3 February 1972.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 28 July 1970 through 3 February 1972.

3.  The Board notes that the applicant qualified as an expert with the grenade and as a sharpshooter with the automatic rifle and was awarded the appropriate badges and component bars.  His records should be corrected accordingly.

4.  The Board also notes that the applicant is entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm based on his tour of duty in Vietnam.

5.  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:

a.  by awarding him the Army Good Conduct Medal for the period 28 July 1970 through 3 February 1972; 

b.  by showing that he qualified as an expert with the grenade and as a sharpshooter with the automatic rifle and was awarded the associated badges and component bars; and 
c.  by showing that he is entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:  

__RVO__  __BJE  __  __KAH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2002070285	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021024	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.