PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 July 2003
	DOCKET NUMBER:   AR2003084961

	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. Roger W. Able		Chairperson	
	Mr. Larry C. Bergquist		Member	
	Ms. Barbara J. Ellis		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.

3.  The applicant states, in effect, that he was wounded in Vietnam and was not awarded the Purple Heart. 

4.  The applicant’s military records show that he was inducted at Fort Jackson, South Carolina, on 22 May 1968.  He successfully completed his training and was transferred to Vietnam on 18 October 1968.  He was assigned to Company D, 1st Battalion, 52d Infantry Regiment for duty as a rifleman.  He was advanced to the pay grade of E-3 on 20 October 1968 and to the pay grade of E-4 on 10 February 1969.

5.  On 19 February 1969, a casualty message was dispatched from Vietnam to the Department of the Army Casualty Section reporting that the applicant had been slightly wounded by fragment wounds to the chest, right arm and face on 19 February 1969, while on a combat search and clear mission, when a hostile force was engaged.  He was treated and hospitalized, and was classified as not seriously wounded.  A Western Union telefax was dispatched to the applicant's parents in Lynchburg, South Carolina, from The Adjutant General of the Army.

6.  The applicant departed Vietnam on 13 October 1969 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service on 21 May 1970.  He had served 2 years of total active service and was awarded the Bronze Star Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with "60" Device and the Vietnam Service Medal with two bronze service stars.  His records show that he had excellent conduct and efficiency ratings throughout his service and contain no derogatory information.  His records also show no indication that he was ever awarded the Purple Heart.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8.  Army Regulation 672-5-1, in effect at the time, also established the criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  The regulation outlines the criteria for award of the Good Conduct Medal (GCMDL) and provides, 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.

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.  

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was wounded in Vietnam on 19 February 1969, while serving in the pay grade of E-4, and that he was hospitalized as a result of that wound.  Accordingly, it would be in the interest of justice to correct his records at this time by awarding him the Purple Heart.

2.  Although awarded subsequent to his discharge, his records also show that he was entitled to awards of the RVNGC w/Palm Unit Citation and the MUC.  Therefore he should be awarded them at this time.

3.  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 22 May 1968 to 21 May 1970.

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 awarding the individual concerned the Purple Heart for wounds received on 19 February 1969, while serving in the pay grade of E-4, by awarding him the GCMDL for the period of 22 May 1968 through 21 May 1970, the RVNGC w/Palm Unit Citation and the MUC. 

BOARD VOTE:  

__be____  ___lb ___  __ra ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Roger W. Able_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003084961	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  80	107.0034/MUC	
3.  102	107.0056/GCMDL	
4.  140	107.0094/RVNGC	
5.		
6.