PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           03 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002076269

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter t. Morrison		Member	
	Mr. Charles Gainor		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 award of two Purple Hearts.  He states, in effect, that the awards were omitted from his separation report.  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant entered active duty on 29 June 1967.  He successfully completed training and was assigned to the 2nd Battalion, 501st Infantry at Fort Campbell, Kentucky.  In December 1967, as part of a unit move, the applicant was reassigned to Vietnam.

4.  According to information contained on a list of soldiers reported as casualties in Vietnam, the applicant was wounded on 21 February 1968 and again on 6 May 1968.  His wounds are confirmed in entries on his Enlisted Qualification Record.  There is, however, no indication he was awarded the Purple Heart for either wound.

5.  The applicant returned to the United States in December 1968.  During the applicant's tour of duty in Vietnam he was awarded the Combat Infantryman Badge, an Army Commendation Medal, and a Bronze Star Medal.

6.  The applicant completed his enlistment at Fort Leonard Wood, Missouri and on 26 June 1970 he was released from active duty in pay grade E-5 with an honorable characterization of service.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 also provides that the Army 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 Army 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.  The applicant's conduct and efficiency ratings, throughout his military service, were excellent.  The applicant was punished under Article 15 of the Uniform Code of Military Justice in July 1967 for gambling in the barracks while undergoing training.  

9.  By virtue of the applicant's assignment in Vietnam with the 501st  Infantry he is entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a silver service star on his Vietnam Service Medal denoting participation in five designated campaign (Vietnam Counteroffensive-Phases III, IV, V, and VI, and the TET Counteroffensive).  The applicant's separation report reflects the Vietnam Service Medal but the other elements were omitted.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded on two separate occasions while in Vietnam and as such, should be awarded two awards of the Purple Heart.

2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 26 June 1970.  There is no evidence his commander ever disqualified him from receiving the award and although the applicant received one Article 15 shortly after his enlistment for gambling, the Board concludes that it was a minor infraction which should not overshadow his otherwise honorable service.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 29 June 1967 through 26 June 1970.

3.  The Board notes the applicant is also entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a silver service star on his Vietnam Service Medal.

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 two Purple Hearts;

b.  by awarding him the Army Good Conduct Medal for the period 29 June 1967 through 26 June 1970; and

c.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a silver service star on his Vietnam Service Medal.

BOARD VOTE:  

__INW __  __WTM__  __CG___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2002076269	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021003	
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.