PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 February 2002
	DOCKET NUMBER:   AR2001064440

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		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 he be awarded the Purple Heart.

3.  The applicant states that he was wounded and was never awarded the Purple Heart.  In support of his application he submits a copy of a medical record with no identifying name or number indicating that a suture was put in a left foot in January 1969, at a medical dispensary in Vietnam. 

4.  The applicant’s military records show that he was inducted on 11 April 1968, and was transferred to Fort Benning, Georgia, to undergo his training.  On 17 April 1968, he was honorably discharged for the purpose of enlisting in the Regular Army.  He reenlisted on 18 April 1968, for a period of 3 years and training as an ammunition records specialist.

5.  He completed his training and was transferred to Vietnam on 31 August 1968, for duty as an ammunition records clerk.  He was promoted to the pay grade of E-5 on 14 June 1969, and departed Vietnam on 25 August 1969, for assignment to Fort Sill, Oklahoma.

6.  On 10 April 1970, he was honorably released from active duty due to an unfulfilled enlistment commitment.  He had served 2 years of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and the Army Commendation Medal.

7.  A review of his records, to include the medical and physical examination conducted at the time of separation fails to reveal that the applicant was wounded while in Vietnam.  His records do reveal that he had excellent conduct and efficiency ratings and contains no evidence of a derogatory nature.

8.  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.

9.  Army Regulation 600-8-22 also prescribes Army policy, criteria, and administrative instructions concerning award of the 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.
10.  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.  It shows that subsequent to the applicant’s departure. His unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Meritorious Unit Citation (MUC) for the period during which the applicant was assigned to that unit.

CONCLUSIONS:

1.  The evidence of record fails to clearly show that the applicant was wounded/injured as a result of enemy action.  Therefore, it appears that he is not entitled to be awarded the Purple Heart.

2.  However, the evidence of record does show that his unit was awarded the RVNGC w/Palm Unit Citation and the MUC subsequent to his departure from Vietnam and he should have received those awards.  Accordingly, it would be in the interest of justice to do so at this time.

3.  Additionally, after carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 11 April 1968 to 10 April 1970.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The Board found that the applicant not receiving the AGCM 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.

5.  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 awarding the individual concerned the RVNGC w/ palm Unit Citation and MUC for his service in Vietnam, and the AGCM for the period 11 April 1968 to 10 April 1970 while serving in the rank of SP5, and that his records be corrected accordingly.

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

BOARD VOTE:  

__jm____  ___cla___  __rvo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2001064440	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  102	107.0056/AGCM	
3.  140	107.0094/RVNGC	
4.  80	107.0034/MUC	
5.		
6.