PROCEEDINGS

	IN THE CASE OF:      
	
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	BOARD DATE:           9 October 2003
	DOCKET NUMBER:  AR2003088181

	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	
	Mr. Robert J. Osborn		Member	
	Ms. Eloise C. Prendergast		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 show that he was awarded the Purple Heart.

3.  The applicant states that he was wounded in the head on 1 July 1966 and was awarded the Purple Heart.  However, it was not included on his DD Form 214 at the time of separation.  He goes on to state that he desires his family to know that he served honorably and that he received decorations for his service.

4.  The applicant’s military records show that he was inducted at Fort Jackson, South Carolina, on 8 September 1964.  He completed his basic combat training at Fort Gordon, Georgia, his advanced individual training at Fort Leonard Wood, and his airborne training at Fort Benning, Georgia.  Upon graduation from his airborne training, he was awarded the parachutist badge and was assigned to Company A, 8th Engineer Battalion, 1st Cavalry Division at Fort Benning.

5.  He was advanced to the pay grade of E-3 on 1 July 1965 and on 16 August 1965, he was transferred with his unit to Vietnam, for duty as a pioneer and combat demolition specialist.  He was advanced to the pay grade of E-4 on 28 May 1966 and on 8 July 1966, orders were published awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 1 July 1966.  His records do not indicate the nature of the wound, however, the original orders are present in his records.

6.  He departed Vietnam on 30 July 1966 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 1 year, 10 months and 23 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Sharpshooter Marksmanship Bade with M-14 Rifle Bar.

7.  A review of his DA Form 20 (Enlisted Qualification Record) shows that he was awarded the Republic of Vietnam Campaign Medal and the Parachutist Badge.  However they were omitted from his DD Form 214 at the time of separation, as was his Purple Heart.  His records also show that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information.

8.  Army Regulation 600-8-22 also prescribes 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.

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 also authorized awards of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Presidential Unit Citation (PUC), and the Meritorious Unit Commendation (MUC) during the period he was assigned to the unit.  It also shows that his unit participated in three campaigns during his tour in Vietnam, which constitutes authority to award the applicant three bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1.  The applicant's records clearly show that he was awarded the Purple Heart, the Parachutist Badge and the Republic of Vietnam Campaign Medal; however, for reasons that are not explained in the available records, they were omitted from his DD Form 214 at the time of separation.  Accordingly, the Board finds that it would be in the interest of justice to add those awards to his DD Form 214 at this time.

2.  Additionally, the evidence of record also shows that he should have been awarded the RVNGC w/Palm Unit Citation, the PUC, the MUC and three bronze service stars (campaign participation) for wear on his already awarded VSM.  Accordingly, it would be in the interest of justice to do so at this time.

3.  The Board also notes that the applicant had no lost time and that he did not receive an AGCM at the time he was separated from the service.  Consequently, the Board finds that it 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 for the period of 8 September 1964 through 31 July 1966.

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:

a.  by showing that the individual concerned was awarded the Purple Heart, the Parachutist Badge and the Republic of Vietnam Campaign Medal.

b.  by awarding him the RVNGC w/Palm Unit Citation, the PUC, the MUC, and three bronze service stars for wear on his already awarded VSM; and 

c.  by awarding him the AGCM for the period of 8 September 1964 through 31 July 1966.

BOARD VOTE:  

__rjo  ___  __ecp ___  ___rvo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2003088181	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/10/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  107.0015	61/PH	
2.  107.0031	77/PUC	
3.  107.0034	80/MUC	
4.  107.0056	102/GCM	
5.  107.0094	141/RVNGC	
6.  107.0120	166/PRCHT BAD