PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 May 2003
	DOCKET NUMBER:   AR2002080013

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Thomas B. Redfern		Chairperson	
	Ms. Linda D. Simmons		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 his award of the Purple Heart and any other awards he is authorized.

3.  The applicant states that he was wounded in the right arm in November 1968 while serving in Vietnam.  He further states that he was awarded the Purple Heart; however, his report of separation (DD Form 214) does not reflect that award.  He goes on to state that he desires to be awarded any other awards to which he is entitled.

4.  The applicant’s military records show that he enlisted in Puerto Rico on 14 November 1967 for a period of 2 years.  He successfully completed his training and was transferred to Vietnam on 13 July 1968.  He was assigned to Headquarters and Headquarters Company, 1st Brigade, 1st Infantry Division, for duty as a radio teletype operator.  He was advanced to the pay grade of E-3 on 17 July 1968.

5.  He departed Vietnam on 12 July 1969 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) prior to the expiration of his term of service (ETYS) to attend school.  He had served 1 year, 7 months and 29 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal. 

6.  A review of the applicant's records shows that he had excellent conduct and efficiency ratings throughout his service and there is no evidence of any derogatory information.  Additionally, there is no indication in the available records to show that he was wounded, that he received treatment for wounds or injuries or that he was awarded the Purple Heart.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation. The Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC) during the period he was assigned to the unit.  In addition, the applicant participated in four campaigns and is entitled to the award of four bronze service stars for wear on his already awarded VSM. 

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

CONCLUSIONS:

1.  The applicant has failed to show through the evidence submitted with his application or the evidence of record that he was wounded in action against the enemy, that his wound was treated and made a matter of record, or that he was awarded the Purple Heart.  Therefore, absent evidence to the contrary, the Board finds no basis to correct his records to reflect the award of the Purple Heart or to award him one at this time.

2.  However, the evidence of record does establish that he is entitled to be awarded the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation, the MUC and four bronze service stars for wear on his already awarded VSM.

3.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 14 November 1967 through 12 July 1969.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

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 by awarding the individual concerned the AGCM for the period of 14 November 1967 through 12 July 1969, the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation, the MUC and four bronze service stars for wear on his already awarded VSM.

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

BOARD VOTE:  

__jm____  ___lds __  __tbr  ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Thomas B. Redfern____
		        CHAIRPERSON

INDEX

CASE ID	AR2002080013	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  80	107.0034/MUC	
3.  102	107.0056/AGCM	
4.  140	107.0094/RVNGC	
5.  141	107.0095/RVNCAHM	
6.