PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           09 APRIL 2002
	DOCKET NUMBER:   AR2001065727

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		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 show he was awarded the Purple Heart.  The applicant states that he did not realize that the Purple Heart was not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  In support of his request the applicant submits a copy of his DD Form 214.

3.  The applicant’s military records show that he enlisted in the Regular Army on 18 August 1969 for a period of 3 years.  The applicant served in the Republic of Vietnam from April 1970 to September 1970.  

4.  On 27 October 1970, he was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force from April 1970 to September 1970.  

5.  On 17 September 1970, a Western Union telegram to the applicant’s mother, stated that he had been wounded in action, in Vietnam on 16 September 1970, by fragments while a passenger on a military vehicle that was on a combat operation when a mine detonated.  He received wounds to his right arm, both legs, and his chest.  He had a fractured left leg, and was treated and hospitalized in Vietnam. 

6.  The facts and circumstances concerning the applicants separation are not in the available records.  However, Letter Order D6-1232, dated 23 June 1972, shows the applicant was determined to be permanently unfit for duty and placed on the disability retired list effective 7 July 1972.  He was awarded the National Defense Service Medal, Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Parachutist Badge.   

7.  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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

8.  By virtue of the applicant’s assignment with the 82nd Airborne Division, 
1st Battalion, 504th Infantry in Vietnam, between April 1970 and September 1970, he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and three bronze service stars on his Vietnam Service Medal.  The Vietnam Service Medal, minus the bronze service stars is already on his separation report.  
CONCLUSIONS:

1.  The evidence confirms the applicant was wounded as a result of hostile action while in Vietnam and as such is entitled to an award of the Purple Heart.  His records should be corrected accordingly.

2.  The applicant was awarded the Bronze Star Medal, and by virtue of his assignment in Vietnam is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and three bronze service stars on his Vietnam Service Medal. 

3.  The applicant completed a qualifying period of service for award of the Good Conduct Medal on 7 July 1972 and the Board finds no basis to deny him the award for the period 18 August 1969 through 7 July 1972.

4.  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 awarding the individual concerned the Purple Heart;

b.  by awarding him the Good Conduct Medal for the period 18 August 1969 through 7 July 1972; and

c.  by showing that he is entitled to the Bronze Star Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and three bronze service stars on his Vietnam Service Medal.

BOARD VOTE:  

__RVO__  __RJW__  __DPH __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2001065727	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010409	
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.	107.00	
2.		
3.		
4.		
5.		
6.