PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           19 September 2002                  
	DOCKET NUMBER:   AR2002072671

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Ronald E. Blakely		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 he be awarded the Purple Heart (PH).

3.  The applicant states that he was never given his PH, and it isn't mentioned on his separation document.

4.  The applicant’s military records show that he was inducted and entered on active duty on 9 June 1969.  He was awarded the military occupational specialty of light weapons infantryman and was promoted to pay grade E-4.  He served in Vietnam from 3 November 1969 to 28 October 1970.

5.  He was honorably released from active duty on 24 March 1971 due to his having insufficient time remaining on his induction to be reassigned after his hospitalization.  His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal with 1960 Device, the Vietnam Service Medal with 2 bronze service stars, the Bronze Star Medal (BSM) with "V" device and 2nd oak leaf cluster, the Combat Infantryman Badge, and marksmanship qualification badges.

6.  The applicant's Enlisted Qualification Record, Item 40, Wounds, has "FW (L) Side 27 May 70" entered.  This would mean fragment wound left side.

7.  A search of the Vietnam Casualty List shows that the applicant was wounded on 27 May 1970.

8.  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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the 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.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

9.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, indicates that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

10.  Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.

CONCLUSIONS:

1.  Both the applicant's Enlisted Qualification Record and the Vietnam Casualty List verify that he was wounded in action on 27 May 1970.  As such, he is entitled to the PH.

2.  The applicant's records do not contain any indication that the applicant's service was anything but exemplary.  As such, it would appear that he was inadvertently not awarded the Good Conduct Medal.

3.  The applicant is also entitled to the Vietnam Gallantry Cross with Palm Unit Citation.

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 by:

	a.  showing that the individual concerned was awarded the PH;

	b.  showing that he was awarded the Good Conduct Medal for the period 9 June 1969 through 24 March 1971; and

	c.  showing that he was awarded the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

___jhl __  ____reb__  ___mmd_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Joann H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2002072671	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020919	
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.