PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 NOVEMBER 2002                  
	DOCKET NUMBER:   AR2002071042

	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. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 reflect award of the Purple Heart.  He states he was wounded in December 1967 while in Vietnam and was discharged before he received his award.

3.  Records available to the Board indicate the applicant entered active duty on 10 May 1966 and was assigned to Vietnam as an infantryman with Company A, 3rd Battalion, 47th Infantry in January 1967.  On 4 December 1967 he was wounded as a result of hostile actions and was awarded the Purple Heart.  Orders issued by the 9th Infantry Division in Vietnam confirmed the award.  The award was, however, omitted from the applicant's separation document.

4.  The applicant returned to the United States in January 1968 and on 29 March 1968 was released from active duty with an honorable characterization of service in pay grade E-5.  His records contain no evidence of any misconduct or disciplinary actions.

5.  Army Regulation 600-8-22 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.  

6.  A review of Department of the Army Pamphlet 672-3 indicates that the applicant's unit (3rd Battalion, 47th Infantry) was awarded a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, while he was a member of the organization.  The pamphlet also indicates the applicant participated in two designated campaign periods (Vietnam Counteroffensive Phases II and III) while in Vietnam and as such is entitled to two bronze service stars on his Vietnam Service Medal.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Purple Heart for wounds sustained in December 1967.  His records should be corrected accordingly.

2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 29 March 1968.  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 10 May 1966 through 29 March 1968.

3.  The Board also notes that the applicant is entitled to a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, as well as two bronze service stars on his Vietnam Service Medal.  His records should be corrected to reflect those decorations as well.

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:

a.  by showing that the individual concerned was awarded the Purple Heart for wounds sustained on 4 December 1967;

b.  by awarding him the Army Good Conduct Medal for the period 10 May 1966 through 29 March 1968; and

c.  by showing that he is entitled to a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, as well as two bronze service stars on his Vietnam Service Medal.

BOARD VOTE:  

__AAO   _  __JPI___  __RKS __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__  Arthur A. Omartian_ _
		        CHAIRPERSON

INDEX

CASE ID	AR2002071042	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021114	
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.