PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           11 September 2003
	DOCKET NUMBER:  AR2003088246

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. John T. Meixell		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 Transfer or Discharge (DD Form 214) be corrected to include the Combat Medical Badge, the Vietnam Campaign Medal w/Device 60 and the Purple Heart.

3.  The applicant states that his records verify that he is entitled to the Combat Medical Badge and the Vietnam Campaign Medal w/Device 60.  He states that his DD Form 214 should also be corrected to show the wounds that he received in the highlands when his was assigned to Company A, 1-508 Infantry, 3rd Brigade, 182nd Airborne Division.  He states that he should have been awarded the Purple Heart due to shrapnel wounds that he received to his right hip and lower back.  He states that the shrapnel was removed by a fellow corpsman while he was in the field.

4.  The applicant’s military records show that on 29 February 1968, he enlisted in the Army at Fort Ord, California, for 3 years in the pay grade of E-1.  He completed his basic combat training while he was assigned to A Company, 
1st Battalion, 3rd Brigade at Fort Ord, California.  

5.  He went on to successfully complete his training as a medical specialist.  On 17 July 1968, he was transferred to Vietnam and he was assigned to Headquarters, Headquarters Company, 2nd Battalion (Airborne), 505th Infantry Division.  On 22 August 1968, he was assigned to Headquarters, Headquarters Company, 1st Battalion (Airborne) 508th Infantry Division.  He returned to the Continental United States on 9 April 1969 and he was honorably released from active duty on 21 January 1971, prior to the expiration of his term of service, to attend college.  He had completed 2 years, 10 months and 23 days of total active service and his conduct and efficiency ratings were all excellent.

6.  A review of the available records fails to show that the applicant ever sustained shrapnel wounds or any other type of wounds while he was in the Army, which would have entitled him to the award of the Purple Heart.

7.  However, further review of the available records shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Medical Badge, the Vietnam Campaign Medal w/Device 60 and the Marksmanship Qualification Badge w/Rifle M-16 and Rifle M-14 Bars.

8.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) shows that he is also entitled to the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal –First Class Unit Citation.

9.  The DD Form 214 that he was furnished at the time of his discharge reflects only the National Defense Service Medal and the Vietnam Service Medal.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  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.

CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s DD Form 214, which resulted in the omission of several of his awards.  The records clearly show that he was awarded the Vietnam Campaign Medal w/Device 60, the Combat Medical Badge, the Marksmanship Qualification Badge w/Rifle M-16 and Rifle M-14 Bars and his DD Form 214 should be corrected to reflect his awards.

2.  In accordance with Department of the Army Pamphlet 672-3, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal –First Class Unit Citation should also be included on his DD Form 214.

3.  Additionally, the Board finds that given his record of service and the fact that he had no bad time, it is reasonable to presume that the absence of an award of the AGCM was the result of an administrative error and not that of a commander denying him the AGCM at separation.  Therefore, the Board finds that he should be awarded the AGCM for his service during the period of 29 February 1968 through 21 January 1971.

4.  However, there is no evidence of record nor has the applicant submitted any evidence to support his contention that he is entitled to the award of the Purple Heart as a result of shrapnel wounds that he received to his right hip and lower back.  Therefore, he is not entitled to the Purple Heart and it is appropriately not reflected on his DD Form 214. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the DD Form 214 of the individual concerned to show that he was awarded the Vietnam Campaign Medal w/Device 60, the Combat Medical Badge, the Marksmanship Qualification Badge w/Rifle M-16 and Rifle M-14 Bars, and by awarding him the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal–First Class Unit Citation and the Army Good Conduct Medal for his service during the period of 29 February 1968 through 21 January 1971.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jm____  __sk ____  __cjp ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Stanley Kelley ______
		        CHAIRPERSON

INDEX

CASE ID	AR2003088246	
SUFFIX		
RECON		
DATE BOARDED	2003/09/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.  102	107.0056	
4.		
5.		
6.