PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 August 2001
         DOCKET NUMBER: AR2001056010


         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. Beverly A. Young		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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Purple Heart for an injury he sustained in 1966 and to show all other awards to which he is entitled.

3. The applicant states his DD Form 214 is in error because a lot of his medals are not shown on it. In support of his application, he submits his DD Form 214, DA Form 20 (Enlisted Qualification Record), VA Form 21-4138 (Statement in Support of Claim), and DA Form 1577 (Authorization for Issuance of Awards).

4. The applicant’s military records show that he entered active duty on 21 January 1966. He successfully completed basic and advanced individual training and served as a rifleman in Vietnam from 14 July 1966 through 26 May 1967. He was honorably released from active duty on 23 January 1969. The applicant entered active duty again on 28 January 1971, served in Korea from 17 October 1971 through 5 April 1972 and was honorably discharged on 16 August 1972.

5. The applicant’s personnel records contain two DD Forms 214. His discharge document which covers his first enlistment shows entitlement to one award of the Purple Heart.

6. Item 40 (Wounds) on the applicant’s DA Form 20 shows he sustained fragment wounds to his back on 9 October 1966. His DA Form 20 also shows he sustained a gunshot wound to his right leg on 4 January 1967.

7. The applicant provided a copy of DA Form 1577, dated 1 May 1990, which shows he was authorized award of the Good Conduct Medal, the Presidential Unit Emblem (currently known as the Presidential Unit Citation), the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Combat Infantryman Badge.

8. There are no orders available to the Board which show the applicant was awarded the Good Conduct Medal. The applicant’s DD Form 214 which covers his first enlistment shows three days of lost time in item 26a (Non-Pay Periods Time Lost). His personnel records show that he received three nonjudicial punishments, two during his first enlistment and one during his second enlistment. The applicant’s DA Form 20 also shows he had conduct and efficiency ratings of “Fair”.

9. The applicant’s personnel records show that he was awarded the military occupational specialty (MOS) 11B (Light Weapon Infantryman) upon completion of advanced individual training in June 1966. Item 38 (Record of Assignments) of his DA Form 20 shows that he served as a rifleman with the 1st Calvary Division in Vietnam.

10. The Board noted that the applicant is eligible for award of the Valorous Unit Award which is also not shown on his discharge documents. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period 22 April to 20 August 1967 by Department of the Army General Orders Number 43, dated 1972.

11. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

12. 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.

13. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

15. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

CONCLUSIONS:

1. Evidence of record shows the applicant was wounded twice as a result of hostile action in Vietnam. Therefore, he is entitled to two awards of the Purple Heart and correction of his DD Form 214 which covers his first enlistment to show the Purple Heart (First Oak Leaf Cluster).

2. The applicant’s records contain no orders which entitle him to award of the Good Conduct Medal. The Board noted the DA Form 1577 submitted in support of his application; however, this document is not authority for award of military decorations.

3. The applicant’s records show three days of lost time, three nonjudicial punishments and conduct and efficiency ratings of “Fair” which are disqualifying factors for award of the Good Conduct Medal. In view of these factors, the Board has determined that the applicant was not eligible for award of the Good Conduct Medal. He is also not entitled to correction of his records to show this award.

4. Evidence of record shows that the applicant was entitled to award of the Presidential Unit Citation, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Combat Infantryman Badge, and the Valorous Unit Award. Therefore, he is entitled to correction of his records to show these awards.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to the individual concerned be corrected:

a. by deleting the Purple Heart and the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with an effective date of 23 January 1969;
b. by showing he was awarded the Purple Heart (First Oak Leaf Cluster), the Presidential Unit Citation, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Combat Infantryman Badge, and the Valorous Unit Award on his DD Form 214 with an effective date of 23 January 1969; and

c. by showing he was awarded the National Defense Service Medal on his DD Form 214 with an effective date of 16 August 1972.

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

BOARD VOTE:

RJW____ JPI_____ BJE_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond J. Wagner_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001056010
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.	107.0015
2.	107.0000
3.
4.
5.
6.