PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           29 May 2003                   
	DOCKET NUMBER:   AR2002072875

	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:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones, II		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 in February or March, 1969, he was wounded by shrapnel to his neck while a door gunner in Vietnam.

4.  The applicant’s military records show that he enlisted in the Regular Army on 5 February 1968, was awarded the military occupational specialty of aircraft maintenance crewman, and was promoted to pay grade E-4.  He served in Vietnam from 10 September 1968 to 1 September 1969.

5.  The applicant was honorably released from active duty on 4 February 1971 at the expiration of his term of service.  His separation document shows that he was awarded the National Defense Service Medal, the Aircraft Crewman Badge, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with 1960 Device, and the Vietnam Cross of Gallantry with Palm.

6.  The applicant's medical records show that he was treated for a shrapnel wound to his neck on 19 July 1969.

7.  The applicant was awarded the Air Medal for Heroism on 30 October 1969 by General Orders Number 5560, Headquarters, 1st Aviation Brigade.  The applicant was awarded the Air Medal for meritorious achievement on 2 November 1969 by General Orders Number 5634, Headquarters, 1st Aviation Brigade.

8.  Army Regulation 600-8-22 also 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.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart 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.

10.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant served in Vietnam during Counteroffensive, Phase V, which started on 1 July 1968; Counteroffensive, Phase VI, starting on 2 November 1968; Tet 69 Counteroffensive, starting on 23 February 1969; and Vietnam Summer-Fall 1969, starting on 9 June 1969.  This Pamphlet also shows that the applicant's unit was awarded the RVN Civil Actions Honor Medal, FC, Unit Citation, for a period which included the dates the applicant was assigned to that unit.

CONCLUSIONS:

1.  The applicant was wounded by a hostile force while in combat.  As such, he is entitled to the PH.

2.  The applicant's records clearly show that he served with honor, being promoted on a regular basis and being awarded a decoration for valor.  Since there is no evidence of any adverse action being taken against the applicant, it must be presumed that his lack of a Good Conduct Medal was an administrative oversight.

3.  Also missing from the applicant's separation document are his Air Medal with V Device with Numeral 1, the RVN Civil Actions Honor Medal, FC, Unit Citation, and one bronze service star to his Vietnam Service Medal.

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.  awarding to the individual concerned the PH for his wound in Vietnam;

	b.  awarding him the Good Conduct Medal for the period 5 February 1968 to 4 February 1971;

	c.  adding these awards and decorations to his separation document along with the Air Medal with V Device for Heroism, and the RVN Civil Actions Honor Medal, FC, Unit Citation; and 

d.  changing his Vietnam Service Medal with two bronze service stars to the Vietnam Service Medal with three bronze service stars.

BOARD VOTE:  

___fcj___  ____lls___  ____le__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Luther L. Santiful________
		        CHAIRPERSON

INDEX

CASE ID	AR2002072875	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030529	
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.		
2.		
3.		
4.		
5.		
6.