PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  25 February 2003
	DOCKET NUMBER:  AR2002076402

	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. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lawrence Foster		Member	
	Mr. Ronald E. Blakely		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 item 24 of his DD Form 214 (Armed Forces Report of Transfer or Discharge) be corrected to include award of the Purple Heart.

3.  The applicant states, in effect, that he was injured in Vietnam due to enemy action.  The applicant provides a copy of his DD Form 214 and a copy of a 
DD Form 1577 (Authorization for Issuance of Awards) issued by the National Personnel Records Center on 8 March 2002.

4.  The military records of the applicant show that on 21 April 1970, he was inducted into the Army.  From 19 September 1970 to 18 September 1971 the applicant served in the Republic of Vietnam as an Infantryman.  He was discharged on 9 December 1971 with an Honorable Discharge.  The records also show that the applicant was awarded the Purple Heart under General Order (GO) 9376, dated 
15 September 1971, for wounds received on 29 March 1971 due to enemy action.

5.  His DD Form 214 shows that he received the National Defense Service Medal, the Vietnam Service Medal w/1 bronze service star, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Army Commendation Medal w/”V” device & 2 Oak Leaf Clusters, the Air Medal, the Sharpshooter Marksmanship Badge with rifle bar, the Expert Marksmanship Badge with machinegun and grenade bars, and the Marksman Marksmanship Badge with pistol bar.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart 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 medical treatment, and the medical treatment must have been made a matter of official record.

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.

8.  Army Regulation 600-8-22 provides that the Republic of Vietnam Gallantry Cross Unit Citation with Palm is awarded by the Vietnamese government for valorous combat achievement, which is cited before the Armed Forces.

9.  Department of the Army Pamphlet 672-3 establishes the eligibility of members for unit citation badges awarded during the Vietnam Conflict.  The pamphlet shows that the applicant’s unit was entitled to the award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm during his period of assignment.
CONCLUSIONS:

1.  Based on the applicant’s record of GO 9376 for the Purple Heart, he is entitled to have the award annotated on his DD Form 214.

2.  Based on the applicant’s records, he should also be entitled to the award of the Good Conduct Medal.

3.  Based on Department of the Army Pamphlet 672-3, the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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 the individual concerned be corrected by:

a.  issuing a DD Form 1577 and orders awarding the applicant the Good Conduct Medal for the period 21 April 1970 through 9 December 1971; 

b.  showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and

c.  issuing him a DD Form 215 to include the addition of the Purple Heart, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Good Conduct Medal.

BOARD VOTE:  

__js____  __lf____  __rb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR2002076402	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	Honorable	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  107	Purple Heart	
2.  	Good Conduct Medal	
3.		
4.		
5.		
6.