PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 May 2002      
	DOCKET NUMBER:   AR2002070300

	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. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman		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 two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

3.  The applicant states that his DD Form 214 does not show the two Purple Hearts that he was awarded in Vietnam.

4.  The applicant’s military records show that he enlisted on 15 March 1966 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from 
26 September 1966 through 27 March 1968 and was honorably released on 
14 March 1969.  

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  1st Aviation Brigade General Orders 1351, dated 12 March 1968, show the applicant was awarded the Purple Heart for wounds sustained on 8 December 1967 in Vietnam.

7.  There is no evidence in the applicant’s service personnel records which shows that he was wounded a second time as a result of hostile action 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.  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 21, dated 1969.

10.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he served in Vietnam from 
26 September 1966 through 27 March 1968 and participated in three campaigns (Vietnam Counteroffensive, Phase II, 1 July 1966 to 31 May 1967; Vietnam Counteroffensive, Phase II, 1 June 1967 to 29 January 1968; and Tet Counteroffensive, 30 January 1967 to 1 April 1968).  

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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.  Evidence of record shows the applicant was awarded the Purple Heart for wounds sustained on 8 December 1967 in Vietnam.

2.  The Board considered the applicant’s contention that he was awarded two awards of the Purple Heart in Vietnam.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded on more than one occasion in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 to show only one award of the Purple Heart.   

3.  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 15 March 1966 through 14 March 1969.  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 three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 to show these awards.   

5.  The applicant’s unit was cited for 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, the Good Conduct Medal, the Vietnam Service Medal with three 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:  

MHM___  KAN____  DPH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Melvin H. Meyer_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002070300	
SUFFIX		
RECON		
DATE BOARDED	20020514	
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.