PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 AUGUST 2003                  
	DOCKET NUMBER:   AR2002082808

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Harry B. Oberg		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show awards he received during his tour in Vietnam.  

3.  The applicant states that his DD Form 214 does not reflect his award of the Army Commendation Medal, the Air Medal, the Good Conduct Medal, the Gallantry Cross, and the Purple Heart.  He was wounded in February or March 1969, was treated in the field and later at a forward aid station.  He would like replacement medals for the awards shown on his DD Form 214 that have been destroyed or lost, as well as those he is now requesting.  In support of his request the applicant submits copies of his DD Form 214, his certificate for the Army Commendation Medal, and the orders and certificate for the Air Medal. 

4.  The applicant’s military records show that he was inducted into the Army of the United States on 7 August 1968, for a period of two years.  He completed basic combat training and advanced individual training at Fort Campbell, Kentucky. 

5.  He served in Vietnam from January 1969 to January 1970, and participated in four campaigns, the Vietnam Counteroffensive Phase VI, the TET Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970. 

6.  On 17 December 1969, he was awarded the Army Commendation Medal for meritorious service in connection with military operations against an armed hostile force during the period January 1969 to January 1970.

7.  On 28 December 1969, he was awarded the Air Medal for meritorious service while participating in aerial flight during the period 29 January 1969 to 23 October 1969.

8.  On 6 August 1970, the applicant was released from active duty under the provisions of Army Regulation 635-200, for expiration of term of service.  His DD Form 241 indicates he had 2 years of creditable service, and was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Sharpshooter Badge (Rifle).

9.  The applicant’s service in Vietnam with Company A, 3rd Battalion,                12th Infantry, 4th Infantry Division, from January 1969 to January 1970, entitled him to the award of the Republic of Vietnam Civil Actions Honor Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart 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.

11.  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.  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 Good Conduct Medal.

CONCLUSIONS:

1.  Evidence shows the applicant was awarded the Army Commendation Medal for the period January 1969 to January 1970, and the Air Medal for the period    29 January 1969 to 23 October 1969 while serving in Vietnam, and as such his DD Form 214 should be corrected to reflect these awards.

2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 6 August 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 of 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 7 August 1968 through             6 August 1970.

3.  His service in Vietnam from January 1968 to January 1969 with Company A, 3rd Battalion, 12th Infantry, 4th Infantry Division, entitles him to the award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal.  

4.  Evidence shows the applicant participated in four campaigns during his tour in Vietnam and is entitled to four bronze service stars on his Vietnam Service Medal.

5.  There is no evidence in the available records to justify award of the Purple Heart.  

6.  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 the applicant was awarded the Army Commendation Medal, and the Air Medal, and

	b.  by awarding the applicant the Republic of Vietnam Civil Actions Honor Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Good Conduct Medal, and four bronze service stars to his Vietnam Service Medal.

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

BOARD VOTE:  

__AAO __  ___TL __  __HBO __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian______
		        CHAIRPERSON

INDEX

CASE ID	AR2002082808	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030828	
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.