PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 January 2002                   
	DOCKET NUMBER:   AR2001063115

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge. 

3.  The applicant states that he was an infantryman in Vietnam and was seriously wounded by a booby trap while on patrol.  In support of his application, he submits a copy of his Physical Evaluation Board Proceedings, dated 16 February 1971; clinical records, dated 1 April 1970; and a copy of his DD Form 214.    

4.  The applicant’s military records show that he enlisted on 7 November 1968 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from 16 October 1969 until he was seriously wounded on 17 March 1970 and was evacuated on 1 April 1970.  On 17 March 1971, the applicant was honorably discharged by reason of physical disability. 

5.  The applicant’s DD Form 214 does not show the Purple Heart or the Combat Infantryman Badge as authorized awards. 

6.  The applicant’s records contain a Western Union Telegram, dated 18 March 1970, which shows he was wounded in action in Vietnam on 17 March 1970 by fragments from a booby trap.    

7.  1st Cavalry Division (Airmobile) Special Orders Number 28, dated 28 January 1970, show the applicant was awarded the Combat Infantryman Badge effective 11 January 1970.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

9.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he served in Vietnam from 16 October 1969 through 17 March 1970 and participated in two campaigns (Vietnam Summer-Fall 1969, 9 June 1969 to 31 October 1969) and (Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970). 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 11, dated 1973.  This award is not shown on his discharge document.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972.  This award is not shown on his discharge document.

12.  Army Regulation 600-8-22 (Military Awards) 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 provides that the 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 Good Conduct Medal, disqualification must be justified.  

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action on 17 March 1970 in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  The applicant received the Combat Infantryman Badge on 11 January 1970.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 7 November 1968 to 17 March 1971 ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his military records to show this award.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   
5.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, he is entitled to correction of his military records to show these unit citations. 

6.  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 Combat Infantryman Badge, the first award of the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

GDP____  WTM____  RTD____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_George D. Paxson_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001063115	
SUFFIX		
RECON		
DATE BOARDED	20020124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.	107.0056	
4.	107.0073	
5.	107.0094	
6.	107.0095