PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 JANUARY J2003                  
	DOCKET NUMBER:   AR2002077862

	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:

	Mr. Walter T. Morrison 		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Yalonda Maldonado		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 award of the Purple Heart and Republic of Vietnam Gallantry Cross Unit Citation with Palm be added to his separation document by issuance of a new Department of Defense Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and not by issuing a Department of Defense Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).  In support of the applicant's request he submits a copy of service medical records confirming his combat wound and an extract from Department of the Army Pamphlet 672-3 confirming entitlement to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, based on his assignment with the 3rd Battalion, 1st Infantry.  He makes no comment regarding his desire for an entirely new separation document.

3.  Records available to the Board indicate the applicant served on active duty between 23 July 1968 and 22 July 1970.  He was released from active duty with an honorable characterization of service in pay grade E-4. 

4.  Orders issued by the Americal Division in October 1969 confirm the applicant was wounded as a result of hostile action on 14 June 1969 and awarded the Purple Heart.  The award, which was announced after the applicant's departure from Vietnam, was omitted from his separation document.  The applicant was assigned as an infantryman with the 3rd Battalion, 1st Infantry between January and June 1969 when he was evacuated as a result of his combat wounds.  The applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm as a result of his tour of duty in Vietnam.  That decoration was also omitted from his separation document.

5.  Army Regulation 600-8-22 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.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal.  The applicant's conduct and efficiency rating, throughout his military service, were excellent.

6.  Army Regulation 635-5, which establishes the policies and provisions for the issuance of separation document, states that a new Department of Defense Form 214 will be reissued only when it is determined that the original form cannot be properly corrected by issuance of a Department of Defense Form 215 or if the correction would require issuance of more than two Department of Defense Forms 215.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Purple Heart and Republic of Vietnam Gallantry Cross Unit Citation with Palm.  His records should be corrected accordingly.

2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 22 July 1970.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view 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 23 July 1968 through 22 July 1970.

3.  The applicant has not provided any compelling reason, or evidence, which would warrant issuing him a entirely new separation document in lieu of the authorized Department of Defense Form 215.  In the absence of such evidence the Board concludes there is no basis to grant an exception in this instance.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart and Republic of Vietnam Gallantry Cross Unit Citation with Palm, and by awarding him the Army Good Conduct Medal for the period 23 July 1968 through 22 July 1970.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__WTM__  __CJP __  __YM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Walter T. Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2002077862	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020130	
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.