PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           11 September 2003
	DOCKET NUMBER:  AR2003088374

	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. 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 he be awarded the Purple Heart.

3.  The applicant states that he was wounded in Vietnam on 1 March 1965 when a machine gun exploded as he was returning fire on the enemy from a UH-1B helicopter.  He further states that he served two tours in Vietnam and was wounded more than once; however, this is the only injury that was recorded in records.  In support of his application he submits a copy of a clinical record (DA Form 8-275-3) indicating that he was treated for wounds to the left thigh and leg that was caused when a gun blew up while he was firing as a gunner on an armed UH-1B on 1 March 1965.  He was hospitalized for 6 days and returned to duty.

4.  The applicant’s military records show that he enlisted in Oklahoma City, Oklahoma, on 8 October 1963 for a period of 3 years.  He successfully completed his training at Fort Polk, Louisiana, and was transferred to Hawaii on 29 March 1964.  He was assigned to Company B, 2nd Battalion, 27th Infantry Regiment for duty as a light weapons infantryman.  He remained in Hawaii until he was transferred to Vietnam for attachment to the 119th Aviation Company on 23 February 1965.

5.  On 1 March 1965, the applicant was treated at the 94th Medical Detachment for a penetrating wound to the left thigh and lacerations to the left leg, that were a result of a gun exploding while being fired from a UH-1B helicopter.  The applicant was designated as a gunner on the helicopter. 

6.  The applicant's unit transferred from Hawaii to Vietnam on 13 June 1965.  He rejoined his unit and remained in Vietnam until 24 September 1966, when he was transferred to Oakland Army Base, California.

7.  He underwent a separation physical examination on 25 September 1966 and the physician noted that the applicant had sustained a gun shot wound to the left leg.

8.  On 25 September 1966, he was honorably released from active duty (REFRAD) as an early overseas returnee.  He had served 2 years, 11 months and 18 days of total active service and at the time of his REFRAD his report of separation (DD Form 214) was prepared to reflect that he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal (AFEM), the Air Medal, the Combat Infantryman Badge and the Republic of Vietnam Campaign Medal.  There is no indication that he was ever awarded the Purple Heart and he is not listed on the Vietnam Casualty Listing.  All of his conduct and efficiency ratings throughout his service were excellent.

9.  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 enemy action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  

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 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 Valorous Unit Award (VUA) for the period he was assigned.  Additionally, he participated in three campaigns, which entitles him to three bronze service stars for wear on his already awarded AFEM.

11.  Army Regulation 672-5-1, in effect at the time, also established the criteria for 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.

CONCLUSIONS:

1.  The Board is convinced by the evidence submitted with his application that he was in fact wounded in action with the enemy on Vietnam on 1 March 1965, while serving in the rank of private first class (PFC) and that he is entitled to the award of the Purple Heart.  Accordingly, it would be in the interest of justice to correct this error at this time. 

2.  Additionally, the Board finds that he is also entitled to awards of the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the VUA and three bronze service stars for wear on his already awarded AFEM. 

3.  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 8 October 1963 through 25 September 1966.  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.  

4.  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.

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 be corrected:

a.  by awarding the individual concerned the Purple Heart for wounds received in action against the enemy in Vietnam on 1 March 1965, while serving in the rank of PFC.

	b.  by awarding him the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the VUA and three bronze service stars for wear on his already awarded AFEM; and

c.  by awarding him the AGCM for his service during the period of 8 October 1963 through 25 September 1966.

BOARD VOTE:  

__jm____  __sk ____  __cjp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Stanley Kelley_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088374	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  79	107.0033/VUA	
3.  140	107.0095/RVNGC	
4.  102	107.0056/AGCM	
5.  141	107.0095/RVNCAHM	
6.