PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 April 2002
	DOCKET NUMBER:   AR2001065585

	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. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		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 his records be corrected to reflect his awards of the Purple Heart, the Air Medal, and any other awards he is entitled to receive.

3.  The applicant states, in effect, that he was awarded the Purple Heart and the Air Medal in Vietnam; however, they were not included on his report of separation (DD Form 214) at the time of his release from active duty (REFRAD).  He requests that he be awarded any additional awards to which he may be entitled and submits a copy of his Purple Heart Citation and his Air Medal Citation and orders, in support of his application.

4.  The applicant’s military records show that he was inducted in Baltimore, Maryland on 1 August 1966.  He successfully completed his training as a light weapons infantryman and was assigned to the 191st Aviation Detachment at Fort Bragg, North Carolina. 

5.  On 23 May 1967, he was transferred to Vietnam with his unit and was assigned the duties of a door gunner.  He was awarded the Air Medal on 20 July 1967 for the period of 22 June to 3 July 1967.

6.  He was reassigned to Headquarters and Headquarters Company (HHC) and Band Support Command, 9th Infantry Division on 23 August 1967 and was advanced to the pay grade of E-4 on 26 August 1967, when he was assigned the duties of a chaplain’s assistant.

7.  He was wounded on 23 December 1967 and was awarded a Purple Heart at the medical treatment facility on 24 December 1967.

8.  On 22 February 1968, he was reassigned to HHC, 3rd Brigade, 9th Infantry Division for duty as a senior rifleman.  He was promoted to the pay grade of E-5 on 1 May 1968, and departed Vietnam on 14 May 1968, for Oakland Army Base, California.

9.  On 17 May 1968, he was honorably REFRAD as an early overseas returnee.  He had served 1 year, 9 months and 17 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  His records also show that he had excellent conduct and efficiency ratings and contains no derogatory information or record of disciplinary action being taken against him during his active service.

10.  In the processing of this case a staff member of the Board contacted officials at the Total Army Personnel Command (PERSCOM) to ascertain if the applicant had been declared a casualty in Vietnam.  Officials at the PERSCOM confirmed that the applicant was reported as a battle casualty on 23 December 1967, while assigned to the 9th Infantry Division.

11.  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.

12.  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.  

13.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Meritorious Unit Commendation (MUC), 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.  At the time of the applicant’s REFRAD, his records should have reflected his awards of the Purple Heart and the Air Medal.  Therefore, since an administrative oversight resulted in the omission of those awards, the Board finds that it would be in the interest of justice to add them at this time.

2.  Although awarded subsequent to the applicant’s REFRAD, the applicant was entitled to be awarded the MUC and 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 1 August 1966 to 17 May 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 and the Air Medal.

b.  by awarding him the MUC, the RVNGC w/Palm and RVNCAHM-FC Unit Citations; and

c.  by awarding him the AGCM for the period of 1 August 1966 to 17 May 1968.

BOARD VOTE:  

___jm___  ___md __  __inw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065585	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  64	107.0018/AM	
4.  102	107.0056/AGCM	
5.  140	107.0094/RVNGC	
6.  141	107.0095/RVNCAHM