PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 September 2001
         DOCKET NUMBER: AR2001057957


         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
Mr. Kenneth W. Lapin		Member
Ms. Paula Mokulis		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 that his general under honorable conditions discharge be upgraded to an honorable discharge. He also requests correction of his records to show award of the Purple Heart, the Bronze Star Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. The applicant states that he voluntarily served twice in Vietnam as a medic and a combat medic. He contends that he should have the Purple Heart, the Bronze Star Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and that he should have an “Honorable Discharge”.

4. The applicant’s military records show that he enlisted in the Army on 30 July 1968 for a period of three years. He completed training as a medical specialist and served in Vietnam from 16 February 1969 through 27 June 1969 and from 6 July 1970 through 20 August 1970.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was released from active duty on 29 September 1971, under the provisions of Army Regulation 635-200, for expiration of term of service, with an under honorable conditions discharge. He had 2 years, 11 months, and 27 days of creditable service with 63 days of lost time.

6. Records show the applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ) on five separate occasions between 7 October 1968 and 26 May 1971 of the following offenses: (1) four specifications of being absent from place of duty; (2) three specifications of failing to obey a lawful general regulation; and (3) one specification of being derelict in the performance of his duties.

7. The applicant’s DD Form 214 does not show the Purple Heart, the Bronze Star Medal, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.

8. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records which show he was wounded or treated for wounds as a result of hostile action.

9. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

10. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
11. The Board noted that the applicant is entitled to the Vietnam Service Medal with four bronze stars which is not properly shown on his DD Form 214.

12. The applicant’s personnel records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 1 July 1987, which shows he was authorized to wear four bronze service stars on his Vietnam Service Medal.

13. Army Regulation 600-8-22, Table B-1, shows the applicant is entitled to credit for participation in the Vietnam Counteroffensive, Phase VI Campaign
(2 November 1968-22 February 1969), the Tet Counteroffensive 1969 Campaign (23 February 1969–8 June 1969), the Vietnam Summer-Fall 1969 Campaign
(9 June 1969–31 October 1969), and the Vietnam Counteroffensive, Phase VII Campaign (1 July 1970-30 June 1971) during his tours in Vietnam.

14. Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel. This regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training. An individual discharged by reason of expiration of term of service could receive a general discharge, an uncharacterized discharge, or an honorable discharge depending on his or her record of service.

15. Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual.

16. 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.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal 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.

18. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
CONCLUSIONS:

1. The Board considered the applicant’s contention that he served twice in Vietnam as a medic.

2. Records show the applicant was AWOL for 63 days and was punished under Article 15, UCMJ on five separate occasions after returning from Vietnam. The Board determined that the applicant’s service does not meet the standards of honorable service as defined in Army Regulation 635-200. Therefore, the characterization of the applicant’s current discharge is appropriate considering all the facts of the case. There also is no apparent error, injustice, inequity, or change in policy or standards on which to base recharacterization of his discharge to honorable.

3. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Therefore, there is no basis for granting the applicant award of the Purple Heart.

4. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, there is no basis for awarding the applicant the Bronze Star Medal.

5. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 will be amended to show this unit award.

6. Evidence of record shows the applicant participated in four campaigns during his assignments in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

7. 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 Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and
b. by showing he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with four bronze service stars.

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

BOARD VOTE:

RJW____ KWL____ PM______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond J. Wagner_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001057957
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010920
TYPE OF DISCHARGE	GD
DATE OF DISCHARGE	19710929
DISCHARGE AUTHORITY	AR635-200,chapter 2
DISCHARGE REASON	Expiration of Term of Service
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	144.0000
2.	107.0015
3.	107.0014
4.	107.0094
5.
6.