PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          30 October 2001
	DOCKET NUMBER:   AR2001059553

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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) and all awards to which he is entitled be listed on his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).  

3.  The applicant states, in effect, that he was awarded the PH for wounds he received in action while serving in Republic of Vietnam (RVN) on 25 March 1967. However, the PH was not listed in the DD Form 214 he was issued upon his separation. He further states that all his certificates were not listed in his 
DD Form 214 at the time of his discharge.  In support of his application, he submits a copy of his PH certificate and a copy of an untranslated foreign award certificate issued by the RVN.

4.  The applicant’s military records show that on 14 September 1965, he was inducted into the Army for a period of 2 years and was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 5 November 1966 to 3 September 1967 and block 40 (wounds) confirms that he received fragment wounds to both arms on 25 March 1968.  Block 41 (awards and decorations) verifies that during his active duty tenure he earned the following awards:  National Defense Service Medal; Vietnam Service Medal, and Republic of Vietnam Campaign Medal with 
60 Device.  

6.  The applicant’s Military Personnel Records Jacket (MPRJ) includes a copy of General Orders Number 1041, dated 26 March 1967, issued by the 25th Infantry Division.  This order awarded the applicant the PH for wounds he received in connection with military operations against a hostile force in the RVN on 
25 March 1967.  

7.  On 4 September 1967, the applicant was honorably released from active duty in the rank and pay grade of specialist five/E-5 (SP5/E-5) after completing 1 year, 11 months, and 21 days of active military service.  The DD Form 214 issued to him upon his separation does not show the PH as an authorized award.

8.  The applicant’s Official Military Personnel File (OMPF) contains no derogatory information and no indication that he was disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served.

9.  In support of his application, the applicant provided a copy of his PH award certificate that shows he was wounded in action while serving as a specialist four in the RVN on 25 March 1967.  In addition, he submitted an untranslated award certificate issued by the RVN recognizing his duty performance in the theater. 

10.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214.  Paragraph 2-7, states in effect, that the DD Form 214 will list decorations, medals, badges, citations and campaign ribbons awarded or authorized.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  It also stipulates that substantiating evidence must be provided to verify that the wound was the result of hostile action; the wound required medical treatment; and that this medical treatment was made a matter of official record.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal (AGCM) 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 for the first award, which is authorized for a period of service of more than 1 year at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified and current practice requires that unit commanders provide written notice of non-favorable consideration and allow individuals the opportunity to respond/rebut the reason for denial of the award.

CONCLUSIONS:

1.  The evidence of record confirms that the applicant was awarded the PH for  wounds he received in action while serving as a specialist four in the RVN on
25 March 1967.  Therefore, the Board concludes this award should be added to his record at this time. 

2.  Lacking derogatory information in his OMPF or a specific disqualification by an authorized unit commander, the Board finds the applicant was entitled to receive the first award of the AGCM based on his completing a period of qualifying service upon his separation from active duty on 4 September 1967. 

3.  The Board wishes to advise the applicant that there are no regulatory provisions that provide for adding foreign government certificates, such as the RVN performance certificate he provided, to the DD Form 214.  However, the certificate he provided will be included and retained in his OMPF as an enclosure to this decisional document.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below. 

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing in the individual concerned received the PH by including this award in his separation document; by awarding him the Army Good Conduct Medal for the period 14 September 1965 to 4 September 1967; and by providing him a corrected separation document that includes these awards.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__CLA__  __AAO__  __HBO __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Celia L. Adolphi  __
						     CHAIRPERSON

INDEX

CASE ID	AR2001059553	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/30	
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.