PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 March 2002
	DOCKET NUMBER:   AR2001065527

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		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, in effect, that his military records be corrected to show he was awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that the PH is not listed in his separation document (DD Form 214) as an authorized award.  In support of his application, he submits a copy of a PH certificate and a copy of his DD Form 214. 

4.  The applicant’s military records show that on 25 May 1970, he entered the Army for 2 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He continuously served on active duty for 1 year, 6 months, and 21 days until 
15 December 1971, at which time he was honorably released from active duty (REFRAD). 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank and pay grade he attained while serving on active duty was specialist four/E-4 (SP4/E-4).  It also confirms that he served in the Republic of Vietnam (RVN), from 26 October 1970 to 25 October 1971, was assigned to Company A, 4th Battalion, 21st Infantry Regiment, 11th Brigade, and that during his assignment tenure he participated in 1 campaign.  Block 41 (Awards and Decorations) of his DA Form 20 shows that during his tenure on active duty, he earned the following awards:  Bronze Star Medal; Army Commendation Medal; Air Medal; National Defense Service Medal; Combat Infantryman Badge; Vietnam Service Medal with 1 bronze service star; and RVN Campaign Medal with 60 Device.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any derogatory information and it contains no documents that indicate he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served during his tenure on active duty.

7.  The applicant provided a copy of a PH certificate, dated 18 December 1970, which confirms that he wounded in action on 22 November 1970, while serving as a private first class (PFC) in the RVN.   

8.  In connection with the processing of this case, a member of the Board staff conducted a records search at the National Archives.  This search produced a copy of General Orders Number 16033, dated 10 December 1970, issued by Headquarters, 23rd Infantry Division, which awarded the applicant the PH for wounds he received in connection with military operations against a hostile force in the RVN on 22 November 1970.

9.  Army Regulation 600-8-22 prescribes the policy for the Army awards program. Paragraph 2-8 contains the policy for awarding the PH and it states, in pertinent part, that the PH 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.  

10.  Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years, except in the case of the first award, in which case the qualifying period is 1 or more years if awarded at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document shows that during his assignment tenure, the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his military records should show he was awarded the PH and it finds this claim has merit.  The evidence of record confirms that the applicant was awarded the PH for wounds received in action on 22 November 1970, while serving as a PFC in the RVN.  Thus, the Board concludes it would be appropriate to add this award to his record at this time.

2.  In addition, given that the record is void of any derogatory information or of a specific unit commander disqualification, the Board concludes that the applicant is entitled to the first award of the AGCM for his qualifying period of honorable service from 25 May 1970 to 15 December 1971.  Therefore, the Board concludes that it would be appropriate to add this award to his record at this time.

3.  Finally, the record confirms that the applicant’s unit earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment tenure, and the Board finds it would also be appropriate to add this award to his record at this time.  

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

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the PH, Army Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:  

__FNE__  ___LE___  ___TL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065527	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/28	
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.	107.0015	
2.		
3.		
4.		
5.		
6.