PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 January 2003
	DOCKET NUMBER:   AR2002077684

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Tracey L. Pinson		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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant states that he was awarded the Purple Heart in June 1969.

4.  The applicant’s military records show that he was inducted into the Army on 28 May 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam on or about 17 November 1968 and was assigned to the 1st Battalion, 12th Infantry, 4th Infantry Division.  

6.  On 5 June 1969, the applicant received fragment wounds to the left arm and left chest as a result of hostile action.  A certificate shows he was awarded the Purple Heart on 7 June 1969.  He was medically evacuated from Vietnam on or about 19 June 1969 after receiving credit for participating in two campaigns.

7.  On 27 May 1970, the applicant was released from active duty in pay grade   E-5 after completing 2 years of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal, and the Expert Badge.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he received excellent conduct and efficiency ratings throughout his service.  It also shows that he qualified as expert with the M-14 and M-16 rifles and as sharpshooter with the .45 caliber pistol.

9.  Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound 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, in pertinent part, provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

11.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each classification of weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

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 Pamphlet 672-3 (Unit Citation and Campaign  Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 1st Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 3, dated 1970.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

CONCLUSIONS:

1.  The evidence of record shows the applicant is entitled to the Purple Heart and it should be entered on his DD Form 214.

2.  The evidence of record shows the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 28 May 1968 through     27 May 1970.

3.  The evidence of record shows the applicant is entitled to wear two bronze service stars on the Vietnam Service Medal and his DD Form 214 should be amended accordingly.

4.  The evidence of record shows the applicant qualified as expert with the M-14 and M-16 rifles and as sharpshooter with the .45 caliber pistol and is authorized to wear the Expert Qualification Badge with Rifle bar and the Sharpshooter Qualification Badge with Pistol bar.  Although only one rifle bar is authorized for wear on the Expert Qualification Badge, as an exception to regulation item 24 of his DD Form 214 should be amended to show he was awarded the Expert Qualification Badge with Rifle bar (Rifles M-14 and M-16).

5.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  These unit awards should be added to his DD Form 214.
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 by awarding the applicant the Army Good Conduct Medal for the period 28 May 1968 through 27 May 1970.

2.  That item 24 of the applicant's DD Form 214 be amended to delete the Expert Badge and to add the Purple Heart; the Army Good Conduct Medal; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the Expert Qualification Badge with Rifle bar (Rifles M-14 and M-16); and the Sharpshooter Qualification Badge with Pistol bar and to show he is authorized to wear two bronze service stars on the Vietnam Service Medal.  

BOARD VOTE:  

__KAK__  __MHM  _  __TLP __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_   _Karol A. Kennedy_  __
		        CHAIRPERSON

INDEX

CASE ID	AR2002077684	
SUFFIX		
RECON		
DATE BOARDED	2003/01/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.