PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            28 October 2003 
	DOCKET NUMBER:   AR2003088725

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		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 Purple Heart (PH) be added to his separation document (DD Form 214).   

3.  The applicant states, in effect, that the PH he earned was not included in the list of awards entered in his DD Form 214.  In support of his application, he provides a copy of his separation document.   

4.  The applicant’s military records show that he was inducted into the Army of the United States and entered active duty on 24 April 1968, and he was trained and served in military occupational specialty (MOS) 11B (Infantryman).  

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that 
he served in the Republic of Vietnam (RVN) from 22 September 1968 through 
26 May 1969.  During his tour of duty in the RVN, he was assigned to the 
4th Battalion, 47th  Infantry Regiment, 9th Infantry Division.  Item 40 (Wounds) contains an entry indicating that the applicant received multiple fragment wounds to both legs, his right shoulder, and his chest on 20 March 1969.  As a result, he was medically evacuated from the RVN to Fitzsimons General Hospital, Denver, Colorado, on 26 May 1969.  

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); Combat Infantryman Badge (CIB); Army Commendation Medal (ARCOM); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM); and Air Medal (AM).  Item 38 (Record of Assignments) confirms that he received excellent conduct and efficiency ratings at all of his active duty assignments.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders (GO) Number 86, dated 21 March 1969, issued by Headquarters, 3rd Surgical Hospital, RVN, which awarded the applicant the PH for wounds received in action on 20 March 1969.  Further, there is no derogatory information on file in his MPRJ and it is void of a specific disqualification for the Army Good Conduct Medal from any of his active duty unit commanders.

8.  On 9 December 1969, the applicant was separated after completing 1 year, 
7 months, and 16 days of active military service.  The DD Form 214 issued to him on his separation date shows that he earned the following awards during his active duty tenure:  NDSM; VSM; CIB; AM; ARCOM; RVCM; Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-8 contains guidance on awarding the Purple Heart.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  It further defines a wound as an injury to any part of the body from an outside force or agent sustained in action.  It also stipulates that the wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

10.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 of Army Regulation 600-8-22 contains a list of RVN campaigns. It shows that during the applicant’s tenure of assignment in the RVN, campaign credit was authorized for the following three campaigns:  Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; and 
TET 69 Counteroffensive 1969.  

11.  Chapter 4 of the same regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940, however, for the first award only, a period of more than one year is a qualifying period if the award is issued at the termination of a period of Federal service.  While there is no automatic entitlement to the AGCM, disqualification must be justified.  

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that based on his tenure of assignment in the RVN, the applicant’s unit (4th Battalion, 47th Infantry Regiment) earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal Fist Class Unit Citation.   

CONCLUSIONS:

1.  As evidenced by GO Number 86, dated 21 March 1969, the record confirms that the applicant was awarded the PH as a result of being wounded in action in the RVN on 20 March 1969.  As a result, this earned award should be added to the list of awards contained on his separation document.  

2.  The evidence of record also shows that the applicant received excellent conduct and efficiency ratings at all of his assignments.  In the absence of derogatory information or a specific disqualification that would preclude its award, the applicant is entitled to receive the first award of the AGCM for his honorable period of qualifying active duty service between 24 April 1968 and 9 December 1969.  

3.  The evidence also shows that based on his Vietnam service and campaign participation, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars with his VSM.  

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 by awarding the individual concerned the first award of the Army Good Conduct Medal; by adding his earned Purple Heart to his record and separation document; by showing he is entitled to Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars with his Vietnam Service Medal; and by providing him a corrected copy of his separation document that includes these awards.  

BOARD VOTE:  

__MT___  __LDS__  _RJW  ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner
		   CHAIRPERSON

INDEX

CASE ID	AR2003088725	
SUFFIX		
RECON		
DATE BOARDED	2003/10/	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1969/12/09	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Overseas Returnee 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.