PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           6 November 2003
	DOCKET NUMBER:  AR2003089769

	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. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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 records be corrected to reflect his award of the Purple Heart and the Bronze Star Medal (BSM) with "V" Device.

3.  The applicant states, in effect, that he was awarded the Purple Heart and the BSM w/"V" Device and they were not included on his report of separation (DD Form 214) at the time of his separation.  In support of his application he submits copies of his awards citations and orders for the BSM w/"V" Device and the Purple Heart. 

4.  The applicant’s military records show that he was inducted in Beckley, West Virginia, on 24 April 1968. He completed his basic combat training at Fort Knox, Kentucky, and his advanced individual training (AIT) at Fort Polk, Louisiana.   

5.  Upon completion of his AIT he was transferred to Vietnam on 23 September 1968, where he was assigned to A Troop, 1st Squadron, 11th Armored Cavalry Regiment, for duty as an automatic rifleman.  He was promoted to the pay grade of E-5 on 5 July 1969.

6.  He departed Vietnam on 15 September 1969 and was transferred to Fort Hood, Texas.

7.  On 19 October 1969, orders were published in Vietnam awarding the applicant the BSM for meritorious service during the period of September 1968 to September 1969.

8.  On 25 October 1969, the applicant was awarded the Purple Heart for wounds received in action on 15 August 1969.  While the accompanying orders do not contain all the pertinent information, it does contain the date of his wound beside of his standard name line, which coincides with the Purple Heart Certificate.

9.  On 7 November 1969, the applicant was awarded the BSM w/ "V" Device for heroism in ground combat in Vietnam on 12 August 1969.

10.  On 23 April 1970, he was honorably released from active duty due to the expiration of his term of service (ETS).  He had served 2 years of total active service and his DD Form 214 reflects he was awarded the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal and the Combat Infantryman Badge.  His records reflect that he had excellent conduct and efficiency ratings and contain no derogatory information.

11.  In the processing of this case a staff member researched unit records in an attempt to locate a complete copy of the applicant's Purple Heart orders; however, they could not be located.  Additionally, the applicant's name did not appear on the Vietnam Casualty Listing.

12.  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.

13.  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 during the period he was assigned to the unit.  

CONCLUSIONS:

1.  Although the applicant has submitted incomplete orders for his award of the Purple Heart, he has submitted a copy of his Purple Heart Certificate, which coincides with the information on the orders.  The Board finds this sufficiently convincing evidence to show that he was in fact wounded in combat and that he was awarded the Purple Heart as he claims.  Therefore, it would be in the interest of justice to add it to his records at this time.

2.  The applicant has also submitted evidence to show that he was awarded the BSM and the BSM w/ "V" Device.  Accordingly, they should also be added to his records 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

4.  Additionally, the evidence of record also shows that he should have been awarded the RVNGC w/Palm Unit Citation.  Accordingly, it would be in the interest of justice to do so 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 by showing that the individual concerned was awarded the Purple Heart, the BSM, the BSM w/ "V" Device and by awarding him the RVNGC w/Palm Unit Citation and the AGCM for the period of 24 April 1968 to 23 April 1970. 

BOARD VOTE:  

__sk____  ___mb___  ___rjw __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Stanley Kelley   _____
		        CHAIRPERSON

INDEX

CASE ID	AR2003089769	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/11/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014/bsm	
2.  61	107.0015/ph	
3.  102	107.0056/agcm	
4.  140	107.0094/rvngc	
5.		
6.