PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           25 SEPTEMBER 2003                   
	DOCKET NUMBER:  AR2003084717

	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. Linda D. Simmons		Member	
	Ms. Regan K. Smith		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 show award of the Purple Heart.  He states the information was omitted from his separation document.  In support of his request he submits a copy of his Purple Heart award certificate.

3.  Records available to the Board indicate the applicant was inducted and entered active duty on 6 September 1967.  He was trained as an infantryman (11B) and in April 1968 he was assigned to Vietnam as an ammunition bearer with the 1st Battalion, 327th Infantry.

4.  On 19 April 1968 the applicant sustained a fragment wound to his right shoulder as a result of hostile action during a firefight.  His wound is confirmed in item 40 (wounds) on his Department of the Army Form 20 (Enlisted Qualification Report) and in a medical clinical report.  The applicant’s name is also among a list of individuals reported as combat casualties during the Vietnam War.

5.  Although his records do not contain confirmation that the applicant was awarded the Purple Heart, the award certificate, provided by the applicant, indicates that he was awarded the Purple Heart on 22 April 1968.  The award, however, was not recorded on his separation document.

6.  The applicant remained in Vietnam until March 1969.  He returned to the United States and on 10 April 1969 was released from active duty in pay grade E-4, with an honorable characterization of service.

7.  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.

8.  Army Regulation 600-8-22 also states that there are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.  The applicant’s records do not reflect award of the Combat Infantryman Badge.

9.  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.  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.  His conduct and efficiency ratings throughout his military service were excellent and his records contain no evidence of any disciplinary actions or incidents of misconduct.

10.  A review of Department of the Army Pamphlet 672-3 notes that the applicant’s unit (1st Battalion, 327th Infantry) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and participated in four designated campaign periods (Vietnam Counteroffensive Phases IV, V, VI and TET 69), while the applicant was a member of the organization.  The unit awards and his entitlement to four bronze services on his Vietnam Service Medal denoting his participation in four designated campaign periods were omitted from his separation document.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded in action on 19 April 1968 and is entitled to an award of the Purple Heart.  His records should be corrected accordingly.

2.  The Board notes that the applicant met the basic qualifications for award of the Combat Infantryman Badge.  He was an infantryman, assigned to an infantry unit, and his combat wound is sufficient for the Board to conclude he participated in ground combat.  The Board concludes that it would be appropriate, and in the interest of justice to award the applicant the Combat Infantryman Badge.

3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 10 April 1969.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant 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 6 September 1967 through 
10 April 1969.

4.  The Board also notes that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars on his Vietnam Service Medal.  His records should be corrected accordingly.

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 wounded on 19 April 1968 and award the Purple Heart;

b.  by awarding him the Combat Infantryman Badge;

c.  by awarding him the Army Good Conduct Medal for the period 
6 September 1967 through 10 April 1969; and

d.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars on his Vietnam Service Medal.   

BOARD VOTE:  

__JNS___  __LDS__  __RKS __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____ John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2003084717	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030925	
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.