PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 JUNE 2003                  
	DOCKET NUMBER:   AR2002079626

	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. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. John T. Meixell		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 the Purple Heart, Army Commendation Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and two awards of the Presidential Unit Citation.  In support of his request he submits a copy of his Purple Heart and Army Commendation Medal certificates.

3.  Records available to the Board indicate the applicant entered active duty on 26 January 1968.  Following completion of training he was assigned to Fort Carson, Colorado as an armor crewmember.  In October 1968 he qualified as an expert with the 45-caliber pistol and was awarded the associated badge and component bar.  That information, however, was omitted from his separation document.

4.  In March 1969 the applicant was assigned to Vietnam with Company A, 1st Battalion, 69th Armor; part of the 4th Infantry Division.  He was wounded as a result of hostile action on 18 November 1969 and awarded the Purple Heart.  Orders issued by the 4th Infantry Division confirmed the award.  However, the award was omitted from his separation document.

5.  The applicant returned to the United States in February 1970.  Prior to his departure, according to his award certificate, he was awarded the Army Commendation Medal for meritorious service in Vietnam during the period February 1969 to February 1970.  The certificate reflects the signature of Stanley R. Resor, who was Secretary of the Army between July 1965 and June 1971, and was authenticated on 1 February 1970 by Major General Glenn D. Walker, who assumed command of the 4th Infantry Division in November 1969.  His separation document, however, does not reflect award of the Army Commendation Medal.  Attempts to locate copies of orders confirming his award of the Army Commendation Medal were not successful.

6.  The applicant was released from active duty on 20 February 1970.

7.  A review of Department of the Army Pamphlet 672-3 notes that the applicant’s unit (1st Battalion, 69th Armor) was awarded two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, while the applicant was a member of the organization.  His unit was not, however, awarded any Presidential Unit Citations during his tenure with the organization.  The pamphlet also notes that the applicant would have participated in three designated campaign periods (TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970) while in Vietnam which should be reflected by three bronze service stars on the Vietnam Service Medal, which is recorded on his separation document.

CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Purple Heart for wounds sustained as a result of hostile action while in Vietnam.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant 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, that he qualified as an expert with the 45-caliber pistol, and that he is entitled to three bronze service stars on his Vietnam Service Medal.  His records should be corrected to reflect that information.

3.  The Board notes that there are no orders in the applicant's available records awarding him the Army Commendation Medal, however, his award certificate is signed by the appropriate Secretary of the Army and the commander of the 4th Infantry Division, the division the applicant’s unit was assigned to.  The period of service covered by the award coincides with the applicant's dates of service in Vietnam.  The fact that the certificate was issued so close to the applicant’s departure from Vietnam could explain the absence of the award on his separation document.  In the absence of orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to the Army Commendation Medal and in the interest of justice concludes it would be appropriate to add the award to his separation document.

4.  There is, however, no evidence, and the applicant has not provided any, that he was a member of a unit that was awarded a Presidential Unit Citation.  In the absence of such evidence, the Board concludes there is no basis to correct his record to reflect that decoration.

5.  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:

a.  by showing that he was awarded the Purple Heart and Army Commendation Medal;

b.  by showing that he qualified as an expert with the 45-caliber pistol and was awarded the associated badge and component bar; and

c.  by showing that 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 three bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:  

__SAC __  ___SLP _  __JTM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID	AR2002079626	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030610	
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.