PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 OCTOBER 2003   
	DOCKET NUMBER:  AR2003091347

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 his records be corrected to reflect award of the Purple Heart and appropriate campaign participation on his Vietnam Service Medal.  He states, in effect, that some of his awards and decorations were omitted from his separation document and he would like the record corrected for application purposes to the Department of Veterans Affairs.  In support of his request he submits a copy of his Purple Heart award certificate and a copy of his separation document.

3.  He entered active duty on 9 January 1967 and completed training as an armor intelligence specialist (11D).  He was initially assigned to Fort Knox, Kentucky but was reassigned to Vietnam in December 1967.

4.  While in Vietnam the applicant was assigned to the 2nd Battalion, 47th Infantry. He was awarded two awards of the Army Commendation Medal while assigned to that organization.

5.  On 11 December 1968 the applicant was wounded as a result of hostile action and awarded the Purple Heart.  Orders issued by the 9th Infantry Division confirmed the award.  However, the award was omitted from his separation document.

6.  The applicant returned to the United States in December 1968 and completed his enlistment contract at Fort Jackson, South Carolina.

7.  He was released from active duty on 9 January 1970, with an honorable characterization of service, in pay grade E-5.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal.  There is also no evidence of any misconduct or disciplinary actions in the applicant's file.  His conduct and efficiency ratings throughout his military service were excellent.
10.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (2nd Battalion, 47th Infantry) was awarded two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and was credited with participating in five designated campaigns (Vietnam Counteroffensive Phases III, IV, V, VI, and TET Counteroffensive) during the applicant’s period of assignment.  The unit awards were omitted from his separation document and his campaign participation should be reflected by one silver service star on the Vietnam Service Medal, which is reflected on his separation document.

CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Purple Heart for wounds received as a result of hostile action while in Vietnam.  His records should be corrected accordingly.

2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 8 January 1970.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 9 January 1967 through 
8 January 1970.

3.  The evidence also confirms that the applicant is entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star on his Vietnam Service Medal.  His records should be corrected to reflect this information.

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 Army Good Conduct Medal for the period 
9 January 1967 through 8 January 1970; and

	c.  by showing that he is entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star on his Vietnam Service Medal.

BOARD VOTE:  

__JHL    _  __MKP__  __AAO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003091347	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031023	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.