PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           21 October 2003
	DOCKET NUMBER:  AR2003090245

	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. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 award of the Purple Heart be added to his report of separation (DD Form 214).

3.  The applicant states that he was awarded the Purple Heart for shrapnel wounds in Vietnam; however, it was never added to his DD Form 214.

4.  The applicant’s military records show that he was inducted in Columbus, Ohio, on 23 October 1967.  He successfully completed his training and was promoted to the pay grade of E-5 on 18 June 1968.  He was transferred to Vietnam on 23 September 1968 and was assigned to Company B, 3rd Battalion, 8th Infantry Regiment for duty as a light weapons infantryman and squad leader. 

5.  His records show that he received fragmentation wounds to the head on 14 November 1968.  This information is further supported by the presence of his name on the Vietnam Casualty Listing.

6.  A review of his records failed to reveal the presence of orders awarding him the Purple Heart.

7.  On 16 June 1969, nonjudicial punishment was imposed against him for leaving his guard post without authority.  His punishment consisted of a reduction to the pay grade of E-4 and a forfeiture of pay.

8.  He departed Vietnam on 13 September 1969 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty on 15 September 1969, as an overseas returnee.  He had served 1 year, 10 months and 23 days of total active service and his DD Form 214 shows he was awarded the National Defense Service Medal, the Air Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the Combat Infantryman Badge.  Additionally, his records show that he had excellent conduct and efficiency ratings throughout his service.

9.  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.

10.  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.

11.  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 and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  It also shows that his unit participated in four campaigns during his tour in Vietnam, which constitutes authority to award the applicant four bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1.  Although there are no orders present in the applicant's records to verify his claim that he was awarded the Purple Heart in Vietnam, there is sufficient evidence available to show that he was in fact wounded on 14 November 1968 and that he was officially reported as a casualty on that date.  Accordingly, it is reasonable to presume that he was in fact awarded the Purple Heart as he claims and through an administrative oversight, the orders were never filed in his records.  Therefore, the Board finds that it would be in the interest of justice to add the award of the Purple Heart 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 RVNCAHM-FC Unit Citation and four 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.

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;

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

c.  by awarding him the AGCM for the period of 23 October 1967 through 15 September 1969. 

BOARD VOTE:  

____mm _  ___fcj___  __wdp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melvin H. Meyer ____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090245	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/10/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  102	107.0056/AGCM	
4.  140	107.0094/RVNGC	
5.  141	107.0095/RVNCAHM	
6.