PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 August 2002
	DOCKET NUMBER:   AR2002072300

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret V. Thompson		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 in effect, that his record be corrected to show the award of the Purple Heart (PH) and the Army Good Conduct Medal (AGCM). 

3.  The applicant states that he was awarded the PH and AGCM.  However, these awards are not included in his separation document (DD Form 214). 

4.  The applicant’s military records show that he was inducted into the Army of the United States on 6 October 1965 for 2 years.  While still in basic training, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ).  

5.  The applicant arrived in the Republic of Vietnam (RVN) on or about 16 June 1966.  He was assigned to Battery C, 6th Battalion, 16th Artillery, 1st Cavalry Division, from 16 June 1966 to 14 April 1967, as a cannoneer.  He was also assigned to Battery B, 1st Battalion, 30th Artillery, from 15 April 1967 to 30 May 1967, as a cook’s helper.  

6.  On or about 30 May 1967, the applicant departed the RVN for an assignment at Fort Sill, Oklahoma.  On 5 October 1967, he was released from active duty and transferred to the United States Army Reserve (USAR).  He completed 2 years of creditable active military service and his DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device 60, two Overseas Service Bars, and Marksman Badge (Rifle).  The list of authorized awards in his separation document does not include the PH and AGCM.

7.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that he received excellent conduct and efficiency ratings during his entire period of service.  Item 40 (Wounds) of his DA Form 20 shows that he was wounded in action on 18 December 1966, when he sustained a possible concussion.  However, there are no orders on file in his personnel service record that show he received the PH or AGCM.  

8.  The original Western Union Telegram from Department of the Army, Office of The Adjutant General, dated 20 December 1966, is filed in the applicant’s record. This document confirms that the applicant was wounded as a result of hostile action on 18 December 1966.  On this date, he sustained a possible concussion while on a fire support mission when the breech of a 155mm howitzer exploded.  It further showed that he was treated for this injury at the 67th Evacuation Hospital and was being held for further treatment.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the PH is awarded for a wound 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.

10.  Army Regulation 672-5-1, in effect at the time, provided, in pertinent part, that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and for the first award only, upon termination of service of 1 or more years on or after 27 June 1950.  At the time, to qualify for the AGCM, a soldier’s conduct and efficiency ratings must have been “excellent” for the entire period of qualifying service.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms that during his assignment tenure the applicant’s units in the RVN earned the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Meritorious Unit Commendation.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action on 
18 December 1966, while on a fire support mission in the RVN, and was treated for this injury at a military medical facility.  Therefore, the Board concludes that the applicant is entitled to receive the PH.

2.  Although the applicant accepted NJP during his basic combat training, the Board notes that his conduct and efficiency ratings were “excellent” during all his permanent assignments.  Therefore, the Board finds that this minor misconduct should not negate favorable consideration for award of the AGCM.  Thus, it concludes that it would be appropriate to award him the first award of the AGCM for his honorable active duty service from 6 October 1965 through 5 October 1967.

3.  The evidence of record shows that during his assignment tenure, the applicant’s units in the RVN were awarded the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Meritorious Unit Commendation.  Therefore, the Board concludes that it would also be appropriate to add these awards to his records at this time. 

4.  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 to show that the individual concerned was awarded the Purple Heart as a result of being wounded in action in the RVN on 18 December 1966, and the first award of the Army Good Conduct Medal, for his honorable period of active duty service from  6 October 1965 through 5 October 1967.

2.  That the DD Form 214 of the individual concerned be corrected to add the following awards:  Purple Heart; Army Good Conduct Medal; Presidential Unit Citation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Meritorious Unit Commendation.

BOARD VOTE:  

__RJW__  ___LE___  __MVT__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2002072300	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/08	
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.	107.0015	
2.	107.0056	
3.		
4.		
5.		
6.