PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 October 2002
	DOCKET NUMBER:   AR2002073160

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 award of the Purple Heart be added to his report of separation (DD Form 214).

3.  The applicant states, in effect, that he was injured on 9 January 1967 when he sustained a punji stick wound to the right calf and was medically evacuated to a hospital in Vietnam and then to Japan, where he was awarded the Purple Heart.  However, the award of the Purple Heart was never added to his DD Form 214.

4.  The applicant’s military records show that he was inducted in Knoxville, Tennessee, on 11 October 1965.  He successfully completed his training and was transferred to Vietnam on 25 June 1966, for duty as a light weapons infantryman with C Company, 1st Battalion, 327th Infantry.  He was advanced to the pay grade of E-4 on 10 November 1966.

5.  On 9 January 1967, he sustained a punji stick wound to the right calf and was medically evacuated to an Air Force hospital in the Philippines (Clark) for surgery and then was transferred to a hospital in Japan (249th General Hospital).

6.  On 2 March 1967, General Orders Number 24 was published by the 249th General Hospital, which awarded the applicant the Purple Heart for his wound on 9 January 1967.  He remained in Japan until 22 March 1967, when he was transferred to Fort Bragg, North Carolina.

7.  He remained at Fort Bragg until he was honorably released from active duty (REFRAD) on 10 October 1967, due to the expiration of his term of service (ETS).  He had served 2 years of total active service and was awarded the Combat Infantryman Badge, the Parachutist Badge, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the National Defense Service Medal.  His records also show that he had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information.

8.  Army Regulation 600-8-22 outlines the criteria for award of the Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL.  Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members. 

That regulation also provides that a bronze service star will be awarded for participation in each designated campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC) for the period he served with the unit.  Additionally, he participated in one campaign during his assignment to Vietnam.

CONCLUSIONS:

1.  The evidence of record clearly shows that the Purple Heart was awarded to the applicant for his injuries in Vietnam on 9 January 1967.  Accordingly, it must be presumed that an administrative oversight resulted in it being omitted from his DD Form 214 at the time of his REFRAD.  Accordingly, it would be in the interest of justice to add it at this time.

2.  Additionally, the applicant’s unit was subsequently awarded the RVNGC w/Palm Unit Citation and the MUC.  Accordingly, he is entitled to be awarded those awards as well and to have his records corrected to reflect those awards. 

3.  The applicant also participated in one campaign and is authorized to be awarded one bronze service star for wear on his already awarded VSM.

4.  The Board also notes that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL.  Therefore, it must be presumed that the failure to award him the GCMDL was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the GCMDL for the period of 11 October 1965 to 10 October 1967.

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 by showing that the individual concerned was awarded the Purple Heart and by awarding him the RVNGC w/Palm Unit Citation, the MUC, one bronze service star for wear on his already awarded VSM, and the GCMDL for the period of 11 October 1965 to 10 October 1967.

BOARD VOTE:  

___mkp__  ___ao___  ___rvo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2002073160	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  80	107.0034/MUC	
4.  102	107.0056/GCMDL	
5.  140	107.0094/RVNGC	
6.