PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            3 July 2003
	DOCKET NUMBER:   AR2003085239

	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. Kathleen A. Newman		Member	
	Mr. Patrick H. McGann		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 reflect his awards of the Bronze Star Medal (BSM) and the Purple Heart.

3.  The applicant states, in effect, that he was awarded both the BSM and the Purple Heart; however, for reasons unknown to him they were omitted from his report of separation (DD Form 214).  He further states that he cannot find the orders for his Purple Heart; however, he submits copies of his citation and orders for the BSM. 

4.  The applicant’s military records show that he was inducted on 27 March 1968.  He successfully completed his training and was transferred to Fort Riley, Kansas, where he remained until 23 June 1969, when he was transferred to Vietnam for duty as a field artillery cannoneer.  He was assigned to Battery B, 6th Battalion, 11th Artillery 

5.  His records show that on 13 August 1969, he received fragmentation wounds to his right hand and arm.  This information is also contained on the Vietnam Casualty Listing.

6.  He was promoted to the pay grade of E-5 on 16 December 1969 and departed Vietnam on 14 March 1970 for Fort Lewis, Washington, where he was honorably released from active duty (REFRAD).  He had served 1 year, 11 months and 18 days of total active service.  His records show that he had excellent conduct and efficiency ratings throughout his service and contain no derogatory information.  His DD Form 214, issued at the time of his REFRAD, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal.

7.  The citation and orders provided by the applicant show that he was awarded the BSM on 9 February 1970 for meritorious service during the period of June 1969 to March 1970.  There is no evidence in his records to show that he was ever awarded the Purple Heart.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury 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.

9.  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 the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for service in Vietnam during the period the applicant was assigned.  It also shows that he participated in three campaigns during his assignment in Vietnam and is entitled to be awarded three bronze service stars for wear on his already awarded VSM.

10.  Army Regulation 672-5-1, in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning award of the GCMDL.  It states, in pertinent part, that the GCMDL 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.  Disqualification for award of the GCMDL requires specific action by the commander in writing, to disqualify a member and it must be referred to the individual for comment.

CONCLUSIONS:

1.  Although the available records contain no evidence to show that he was ever awarded the Purple Heart, the evidence of records clearly shows that he is entitled to the award of the Purple Heart.  Therefore, the Board is inclined to believe that he was awarded the Purple Heart as he claims and finds that it would be in the interest of justice for that award to be reflected on his records.

2.  The applicant was also awarded the BSM, which also was not contained in his records and that award should be added to his records as well.

3.  The Board also finds that he is entitled to the award of the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already awarded VSM. 

4. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the GCMDL for his service from 27 March 1968 through 14 March 1970.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

5.  The Board found that the applicant not receiving the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the GCMDL at this time.

6.  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 awarded the BSM and Purple Heart; and

	b.  by awarding him the RVNGC w/Palm Unit Citation, three bronze service stars for wear on his already awarded VSM and the GCMDL for the period of 27 March 1968 to 14 March 1970.

BOARD VOTE:  

__kan___  ___rvo __  ___pm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2003085239	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.