PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           30 January 2003                  
	DOCKET NUMBER:   AR2002077982

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison 		Chairperson	
	Mr. Christopher J. Prosser       		Member	
	Ms. Yolanda 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 Purple Heart (PH) be added to his separation document.

3.  The applicant states he was wounded in action and was awarded the PH.

4.  In support of his request the applicant submits his PH certificate which states that he was awarded the PH for wounds received on 10 May 1970.  He also submits a telegram dated 17 May 1970 which informs his mother that he was slightly wounded in action in Cambodia on 10 May 1970 while on a combat operation when a hostile force was encountered.  He received a cerebral concussion.

5.  The applicant’s military records show that he was inducted and entered on active duty on 19 May 1969.  He was awarded the military occupational specialty of infantryman and promoted to pay grade E-4.  He served in Vietnam from 12 October 1969 through 9 October 1970.

6.  On 12 April 1971, the applicant underwent a separation physical examination.  In that examination, it was noted that the applicant had sustained a hearing loss due to a concussion in May 1970.

7.  On 18 May 1971, the applicant was honorably released from active duty.  His separation document shows that he was awarded the National Defense Service Medal, the Air Medal, the Army Commendation Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Vietnam Campaign Medal with 1960 Device, and weapons qualification badges.

8.  Item 40, Wounds, of the applicant’s DA Form 20, Enlisted Qualification Record, has the entry that the applicant sustained a cerebral concussion on 10 May 1970.

9.  Army Regulation 600-8-22 provides that the PH 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.

10.  Army Regulation 600-8-22 also 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  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.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

11.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit was awarded the Vietnam Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, First Class Unit Citation, for a period which included the dates the applicant was assigned to that unit.  That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are: Counteroffensive, Vietnam Summer-Fall 1969 (9 June through 31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970); DA Sanctuary Counteroffensive (1 May through 30 June 1970); and Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971).

CONCLUSIONS:

1.  It is evident that the applicant was wounded in action and was awarded the PH.  The fact that there are no orders awarding him the PH explains why that award was not included on his separation document.

2.  While not requested by the applicant, it would appear that he was entitled to the Good Conduct Medal.  He has an exemplary service record which has no derogatory information.  

3.  The applicant is also entitled to the Vietnam Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, First Class Unit Citation, and four bronze service stars to 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 by:

	a.  showing the individual concerned was awarded the PH for wounds he incurred on 10 May 1970;

	b.  awarding to him the Good Conduct Medal for the period 19 May 1969 to 18 May 1971; 

	c.  awarding to him the Vietnam Gallantry Cross with Palm Unit Citation;
	d.  awarding to him the RVN Civil Actions Honor Medal, First Class Unit Citation;

	e.  awarding to him four bronze service stars to his Vietnam Service Medal; and

	f.  adding these awards to his separation document. 

BOARD VOTE:  

____cjp__  ___wtm _  ___ym___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Walter T. Morrison ________
		        CHAIRPERSON

INDEX

CASE ID	AR2002077982	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030130	
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.