PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             10 July 2003                   
	DOCKET NUMBER:     AR2003086163

	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. William Blakely		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, in effect, that the Army Commendation Medal (ARCOM) and Purple Heart (PH) be added to his military record.  

3.  The applicant states, in effect, that the PH and ARCOM he earned were 
not included in the list of awards contained in his separation document 
(DD Form 214).  

4.  The applicant’s military records show that that he entered the Army on 
2 August 1967.  He was trained and served in military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).  On 22 July 1970, he was honorably released from active duty (REFRAD) after completing 2 years, 11 months, and 21 days of active military service.  At the time of his separation, he held the rank of specialist four (SP4).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served two tours of duty in the Republic of Vietnam (RVN), the first from 
14 January 1968 to 8 January 1969, and the second from 6 July 1969 to 5 July 1970.  During both of these tours, he was assigned to perform duties in his primary MOS of 63B.  Block 40 (Wounds) of the DA Form 20 confirms that he received fragment wounds to his right leg and side from a rocket propelled grenade (RPG) round in May 1970.  

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders (GO) Number 127, dated 30 May 1970, issued by Headquarters, 
12th Evacuation Hospital, RVN.  These orders awarded the applicant the PH, for wounds he received in connection with military operations against a hostile force on 29 May 1970, while serving as a SP4 in the RVN.  The MPRJ also contains a copy of GO Number 627, dated 21 May 1970, issued by Headquarters, 
20th Engineer Brigade, which awarded the applicant the ARCOM, for meritorious service during the period 11 July 1969 through 6 July 1970.

7.  The applicant’s MPRJ is void of any derogatory information that would have precluded him from receiving the Army Good Conduct Medal (AGCM), and there is no documentation on file that indicates that he was disqualified from receiving this award by any of his active duty unit commanders.

8.  The DD Form 214 issued to and signed by the applicant on the date of his separation from the Army, 22 July 1970, shows that during his active duty tenure he earned the following awards:  Army Commendation Medal; Vietnam Service Medal with 5 bronze service stars; RVN Campaign Medal with 60 Device; and National Defense Service Medal.  The PH was not included in this list of awards. 

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action.  

10.  Chapter 4 of the same regulation provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service.  There is no automatic entitlement to the AGCM; however, disqualification must be justified.

11.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the PH and ARCOM should be added to his record, and it finds this claim has merit.  The evidence of record includes a copy of GO Number 127, which awarded the applicant the PH, for being wounded in action on 29 May 1970, while serving as a SP4 in the RVN.  It also includes a copy of GO Number 627, which awarded him the ARCOM, for meritorious service while serving in the RVN during the period 11 July 1969 through 6 July 1970.  

2.  In view of the facts of this case, the Board concludes it would be appropriate for the PH and ARCOM to be included in the applicant’s record.  Given the ARCOM in question is already included in the list of awards contained in his 
DD Form 214, no further corrective action is required on this issue.  

3.  The evidence of record also shows that the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM.  Lacking any derogatory information on file or a specific disqualifying action from any of the active duty unit commanders for which he served, the Board concludes that it would be appropriate to award the applicant the AGCM, for his qualifying period of honorable service from 2 August 1967 through 22 July 1970.  

4.  During its review of this case, the Board further discovered that based on his service in the RVN, the applicant is also entitled to Republic of Vietnam Gallantry Cross with Palm Unit Citation, and it concludes this award should also be added to his record at this time. 

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 for the individual concerned be corrected by showing he was awarded the Purple Heart and Army Commendation Medal; by awarding him the first award of the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 2 August 1967 to 22 July 1970; by showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:  

__BE___  __LB___  ___RA_       GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

	     Roger W. Able
	    CHAIRPERSON

INDEX

CASE ID	AR2003086163	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 61	107.0015	
2. 66	107.0020	
3.		
4.		
5.		
6.