PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 November 2002
	DOCKET NUMBER:   AR2002075402

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, be amended to add the Bronze Star Medal (BSM) and the Purple Heart.

3.  The applicant states that he was awarded the BSM but it was omitted from his DD Form 214.  In December 1968, he was medically evacuated after a mortar round concussion burst his eardrums.  He woke up in the hospital.  He was told he would receive the Purple Heart later.  He provides his DD Form 214 as supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on   1 February 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 73C (Pay Disbursing Specialist).

5.  The applicant arrived in Vietnam and was assigned to the 9th Administration Company, 9th Infantry Division on 15 October 1968 where he performed duties as a pay disbursing specialist.  He departed Vietnam on 19 August 1969 and was honorably released from active duty on 30 January 1970 after completing 1 year, 11 months, and 29 days of creditable active service with no time lost.  

6.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with device 1960, two overseas bars, and the Expert Qualification Badge Rifle M-14.  

7.  The applicant's Enlisted Qualification Record, DA Form 20, item 38 (Record of Assignments) shows that his conduct and efficiency were rated as excellent throughout his entire service.  Item 39 (Campaigns) shows he was credited with participation in four campaigns.  Item 40 (Wounds) does not show that he was wounded in action.  Item 41 (Awards and Decorations) does not show award of either the BSM or the Purple Heart.

8.  The applicant is not listed on the Republic of Vietnam Casualty Roster.  A search of the historical files of the 9th Administration Company, Division Support Command, 9th Infantry Division at the National Archives in College Park, MD failed to show that he was awarded the BSM or the Purple Heart.  

9.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  

10.  Army Regulation 600-8-22 provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through    the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

11.  Army Regulation 600-8-22 provides, in pertinent part, for the wear of one bronze service star on the appropriate service medal for each credited campaign.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

13.  Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters,   U. S. Military Assistance Command and its subordinate units during the period    8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1.  There is no evidence of record to show the applicant was wounded in action.  There is no evidence of record to show he was awarded the BSM or the Purple Heart.

2.  The evidence of record shows the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 1 February 1968 through 30 January 1970.  It shows he is eligible to wear four bronze service stars on the Vietnam Service Medal.  It shows he was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 1 February 1968 through 30 January 1970.
2.  That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear four bronze service stars on the Vietnam Service Medal.

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

BOARD VOTE:  

__AAO__  __JPI___  __REK __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  ___Arthur A. Omartian___
		           CHAIRPERSON

INDEX

CASE ID	AR2002075402	
SUFFIX		
RECON		
DATE BOARDED	2002/11/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL RELIEF	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.		
4.		
5.		
6.