PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 July 2003
	DOCKET NUMBER:   AR2003087226

	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. Arthur A. Omartian		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Mr. John P. Infante		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 report of separation (DD Form 214) be corrected to reflect two awards of the Purple Heart.

3.  The applicant states, in effect, that he was awarded two Purple Hearts; however, only one is reflected on his DD Form 214, which has an effect on veterans benefits. 

4.  The applicant’s military records show that he enlisted in Los Angeles, California, for a period of 3 years and training in the armor career group.  He successfully completed his training and was transferred to Vietnam on 21 August 1967.  He was initially assigned to Company H, 2nd Squadron, 11th Armored Cavalry Regiment and was transferred to D Troop, 17th Cavalry Regiment on 6 November 1967, for duty as an armor intelligence specialist.

5.  On 6 December 1967, he sustained fragmentation wounds to both shoulders and the right thigh.  He also received burns to his face and was hospitalized first at the 24th Evacuation Hospital, where he was awarded the Purple Heart on 7 December 1967.  He was subsequently evacuated to the 106th General Hospital, where he remained until he was returned to his unit on 2 January 1968.

6.  He was advanced to the pay grade of E-4 on 21 March 1968 and departed Vietnam on 20 August 1968, for assignment to Fort Hood, Texas.  He remained at Fort Hood until he was again transferred to Vietnam on 25 March 1969 and was assigned to B Troop, 2nd Battalion, 17th Cavalry Regiment.

7.  On 2 June 1969, he sustained a gun shot wound to the right leg and was awarded a Purple Heart on 17 June 1969.

8.  He was promoted to the rank of sergeant (E-5) on 16 October 1969 and departed Vietnam on 8 January 1970.  He was transferred to Fort Lewis, Washington, where he was honorably released from active duty early to attend school.  He had served 2 years, 9 months and 21 days of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Air Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal (VSM), the Combat Infantryman Badge, the Valorous Unit Award (VUA) and the Purple Heart.  His records also indicate that he had excellent conduct and efficiency ratings throughout his service

9.  Army Regulation 672-5-1, in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM).  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 AGCM.  Disqualification for award of the AGCM requires specific action by the commander in writing, to disqualify a member and it must be referred to the individual for comment.

10.  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 subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation and the VUA for service in Vietnam during the period the applicant was assigned. He also participated in seven campaigns during his assignment to Vietnam which entitles him to one silver and two bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded two awards of the Purple Heart; however, an administrative oversight at the time of separation resulted in one award being omitted from his DD Form 214.

2.  Accordingly, the Board finds that it would be in the interest of justice to correct his records at this time to show that he was awarded two Purple Hearts           (PH w/1OLC).

3.  The Board also notes that he was entitled to be awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver and two bronze service stars for wear on his already awarded VSM.  Accordingly, it should be done at this time.

4.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 21 March 1967 through 11 January 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 AGCM, 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 AGCM 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 AGCM 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 by showing that the individual concerned was awarded two awards of the Purple Heart (PH 1 OLC) and by awarding him the AGCM for the period of 21 March 1967 through 11 January 1970, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and one silver and two bronze service stars for wear on his already awarded VSM.

BOARD VOTE:  

___ao___  ___ym___  __jpi____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2003087226	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  102	107.0056/AGCM	
4.  140	107.0094/RVNGC	
5.  141	107.0095/RVNCAHM	
6.