PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            23 April 2002
	DOCKET NUMBER:   AR2001065469

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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 records be corrected to reflect his award of the Purple Heart as well as any other awards he is entitled to receive.

3.  The applicant states, in effect, that he was awarded the Purple Heart for wounds received in Vietnam; however, it was never entered on his report of separation (DD Form 214). 

4.  The applicant’s military records show that he was inducted in Providence, Rhode Island on 5 January 1967.  He successfully completed his training and was transferred to Vietnam on 6 February 1968.  He was assigned to Troop B, 3d Squadron, 4th Cavalry Regiment, 25th Infantry Division for duty as an armor intelligence specialist.

5.  On 14 March 1968, he received fragmentation wounds to the body and was evacuated to a hospital in the theater.  He was subsequently transferred to Valley Forge General Hospital (VFGH) in Phoenixville, Pennsylvania on 22 April 1968.  He remained at VFGH until 27 June 1968, when he was transferred to Fort Knox, Kentucky.  He remained at Fort Knox until he was honorably released from active duty (REFRAD) in the pay grade of E-4 on 18 December 1968.  He had served 1 year, 11 months and 14 days of total active service and was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and the National Defense Service Medal.  His records show that he had excellent conduct and efficiency ratings throughout his service and there is no derogatory information contained in his records.

6.  Army Regulation 672-5-1, in effect at the time, prescribed 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.

7.  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.  

8.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded 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 for service in Vietnam during the period the applicant was assigned.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was wounded while in Vietnam and that he was evacuated to a hospital for treatment.  Therefore, it is reasonable to presume that he was in fact awarded the Purple Heart as he claims.  Therefore, since it appears that an administrative oversight resulted in the omission of that award, the Board finds that it would be in the interest of justice to add it at this time.

2.  Although awarded subsequent to the applicant’s REFRAD, the applicant was entitled to be awarded the RVMGC w/Palm and RVNCAHM-FC Unit Citations.  Accordingly, it should be done so at this time.

3.  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 5 January 1967 to 18 December 1968.  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:  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 and RVNCAHM-FC Unit Citations; and

c.  by awarding him the AGCM for the period of 5 January 1967 to 18 December 1968.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Karol A. Kennedy____
		        CHAIRPERSON

INDEX

CASE ID	AR2001065469	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  102	107.0056/AGCM	
3.  140	107.0094/RVNGC	
4.  141	107.0095/RVNCAHM	
5.		
6.