PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 02 AUGUST 2001
         DOCKET NUMBER: AR2001055044


         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. Raymond J. Wagner		Chairperson
Ms. Barbara J. Ellis		Member
Mr. John P. Infante		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.

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2. The applicant requests, in effect, that the records of her brother, a deceased former service member, be corrected to reflect the awards he earned during the “Vietnam Conflict.” She notes, in effect, that her brother was entitled to additional awards of the Purple Heart, two bronze service stars denoting participation in two designated campaign periods while in Vietnam, and a Presidential Unit Citation. She states that her brother told her he was part of a special infantry division while in Vietnam and as such believes some of his combat operations may have been secret. She also notes that her brother’s records do not reflect how he was wounded. The applicant also alludes to the fact that she believes her brother should have been awarded a Silver Star and Bronze Star Medal as a result of his service in Vietnam but does not provide any evidence to support the basis for that contention. She does, however, provide a copy of a letter from the Army’s Awards Branch indicating that her petition for reconsideration of an earlier request for award of the Silver Star and Bronze Star Medal was denied by the Army’s Decoration Board in March 2001.

3. Records available to the Board indicate the former service member was inducted and entered active duty on 17 May 1966. He successfully completed basic and advanced individual training and was assigned to the 2^nd Battalion, 60^th Infantry, 9^th Infantry Division at Fort Riley, Kansas as an infantryman. While undergoing training he was awarded a Marksmanship Badge with “rifle” bar and a Sharpshooter Badge with “automatic rifle” bar. Neither qualification badge is reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. In December 1966 the former service member was transferred to Vietnam as part of a unit reassignment action. On 13 May 1967 he was wounded and ultimately evacuated to Walter Reed General Hospital via a medical facility in Japan. While orders issued by the 9^th Infantry Division on 16 June 1967 confirm award of the Purple Heart for wounds sustained on 13 May 1967 there is no evidence in available records regarding the circumstances of the former service member’s injuries. However, a VA document, dated August 1968, which is in the service member’s record, indicates that he reported being treated for injuries to his arms, hand and legs on 13 May 1967. Item 40 (wounds) on his DA Form 20 (enlisted qualification record) merely indicates he sustained a “frag[ment] w[ou]nd” on 13 May 1967.

5. In January 1968 the service member returned to duties as an infantryman at Fort Dix, New Jersey. He was honorably discharged on 16 May 1968. His separation report reflects entitlement to the Combat Infantryman Badge, Vietnam Service Medal, Purple Heart, and authorized wear of one overseas service bar on his military dress uniform.

6. On 4 February 1999, at the age of 55, the former service member died. His sister, the applicant to this Board, is listed as the “informant” on the death certificate.

7. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the service member’s unit (2^nd Battalion, 60^th Infantry, 9^th Infantry Division) was credited with participating in one designated campaign (Vietnam Counteroffensive Phase II 660701-670531) during his period of assignment. A bronze service star affixed to the Vietnam Service Medal denotes participation in designated campaign periods. The unit was also awarded a Republic of Vietnam Gallantry Cross Unit Citation With Palm and the Republic of Vietnam Civil Actions Honor Medal Unit Citation. Although the 2^nd Battalion was awarded a Presidential Unit Citation the award recognized the unit’s heroism during the period 7 March through 22 June 1968, after the former service member was reassigned from the organization.

8. 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 service member’s official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and his conduct and efficiency ratings throughout his military service were excellent.

9. Army Regulation 600-8-22 also states that in 1966 the National Defense Service Medal was authorized for honorable service between 1 January 1961 and 14 August 1974.

10. The Republic of Vietnam Campaign Medal with “60s” device was awarded by the Government of the Republic of Vietnam to members of the U. S. Armed Forces who served in Vietnam for at least 6 months between 1 March 1961 and 28 March 1973, inclusive.

11. 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.

12. The Silver Star and Bronze Star Medal are individual decorations which require a recommendation, approval through the chain of command, and announcement in orders.

CONCLUSIONS:

1. There is no evidence, and the applicant has not provided any, that her brother was ever recommended for or awarded the Silver Star or Bronze Star Medal. The Board notes that while the service member was wounded while in Vietnam that is not, in and of itself, a basis to justify award of either decoration. Additionally, there is no evidence in available records which would serve as a basis to award him either decoration as a matter of justice.

2. The Board also notes that while his unit may have been awarded a Presidential Unit Citation, the award recognized a period of heroism after his departure from the unit and as such he is not entitled to the award.

3. There is no evidence, and the applicant has not provided any, which confirms that the former service member was wounded on more than one occasion as a result of hostile action and as such there is no basis for any additional awards of the Purple Heart. Item 40 (wounds) on his DA Form 20 is the appropriate area for confirmation of wounds sustained as a result of hostile action. Although that item in the service member’s record does contain an entry there is insufficient information available to the Board to expand the entry with any more details.

4. The evidence does, however, confirm that the former service member is entitled to the Republic of Vietnam Gallantry Cross Unit Citation With Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, a National Defense Service Medal, a Marksmanship Badge with “rifle” bar, Sharpshooter Badge with “automatic rifle” bar, one bronze service star on his Vietnam Service Medal and the Republic of Vietnam Campaign Medal with “60s” device. His records should be corrected accordingly.

5. The former service member completed a qualifying period of honorable service for award of the Army Good Conduct Medal on 16 May 1968 when he was released from active duty. He served honorably during his period of active duty and as such should be awarded the Good Conduct Medal as a matter of justice.

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 awarding the individual concerned the Army Good Conduct Medal for the period 17 May 1966 through 16 May 1968; and

         b. by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation With Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, a National Defense Service Medal, a Marksmanship Badge with “rifle” bar, Sharpshooter Badge with “automatic rifle” bar, one bronze service star on his Vietnam Service Medal and the Republic of Vietnam Campaign Medal with “60s” device.

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

BOARD VOTE:

__RJW__ __BJE __ __JPI ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond J. Wagner___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001055044
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010802
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.