PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           19 NOVEMBER 2002                   
	DOCKET NUMBER:   AR2002072128

	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. John N. Slone		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Melvin H. Meyer		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 submits a copy of his award citation to support his request.

3.  Records available to the Board indicate that the applicant entered active duty on 12 March 1970.  While undergoing training he qualified as a sharpshooter with the automatic rifle and machinegun and was awarded the appropriate badges and component bars.  

4.  In August 1970 the applicant was assigned to Vietnam as an infantryman with the 4th Battalion, 3rd Infantry.  On 28 June 1971 he was wounded as a result of hostile action and awarded the Purple Heart.  The 23rd Infantry Division published orders confirming the award on 1 July 1971.  The applicant was also awarded a Bronze Star Medal for meritorious service during the period 1 August 1970 through 30 June 1971.  Both the Purple Heart and Bronze Star Medal were omitted from his separation document.

5.  The applicant departed Vietnam in August 1971 and on 23 December 1971 he was released from active duty with an honorable characterization of service in pay grade E-4.

6.  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. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  Although the applicant was punished under Article 15 of the Uniform Code of Military Justice for 5 days of being absent without leave in August 1970, his conduct and efficiency ratings were excellent throughout his military service.  Additionally, 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.

7.  A review of Department of the Army Pamphlet 672-3 indicates that the applicant's unit (4th Battalion, 3rd Infantry) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and two bronze service stars, denoting participation in two designated campaign periods (Vietnam Counteroffensive Phase VII and Consolidation I), while the applicant was assigned to the organization.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Purple Heart and a Bronze Star Medal, which were omitted from his separation document.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant qualified as a sharpshooter with the automatic rifle and machinegun and was awarded the associated badges and component bars.  His records should be corrected accordingly.

3.  Although the applicant may have been punished one time for several days of being absent without leave in 1970, there is no evidence of any other misconduct or disciplinary action.  The Board also notes that in spite of this single infraction, the applicant's conduct and efficiency ratings were consistently excellent.  The Board contends, particularly in view of the fact that the applicant was awarded the Purple Heart and Bronze Star Medal, that he 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 12 March 1970 through 23 December 1971.

4.  The Board also notes that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and two bronze service stars on his Vietnam Service Medal.  Those awards should be added to his separation document.

5.  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 and Bronze Star Medal;

b. by showing that he qualified as a sharpshooter with the automatic rifle and machinegun and that he was awarded the associated badges and component bars;

c.  by awarding him the Army Good Conduct Medal for the period 
13 March 1970 through 23 December 1971; and

	d.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and two bronze service stars on his Vietnam Service Medal.

BOARD VOTE:  

__JNS __  __SVW__  __MHM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2002072128	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021119	
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.