PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 December 2001
         DOCKET NUMBER: AR2001060372


         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
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Thomas A. Pagan		Member
Mr. Harry B Oberg		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 his military records be corrected to show he was awarded the Purple Heart (PH) and the Bronze Star Medal (BSM).

3. The applicant states, in effect, that his separation document (DD Form 214) does not reflect that he was awarded the PH and BSM. He claims that although the letter awarding him the BSM was lost, he earned the award for his actions in an ambush during Operation Junction City II, War Zone C, in the Republic of Vietnam (RVN). In support of his application, he submits a statement from a Battalion Surgeon, dated 24 April 1967 and his separation document (DD Form 214), dated 26 April 1967.

4. The applicant’s military records show that on 6 May 1965, he was inducted into the Army of the United States for 2 years. He was trained in and awarded military occupational specialty 11B (Infantryman) and continuously served on active duty until 26 April 1967, at which time he honorably separated after completing a total of 1 year, 11 months, and 21 days of active military service.

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist four/E-4 (SP4/E-4). It also confirms that he served in the RVN, from 6 June 1966 to
23 April 1967, and that he participated in 2 campaigns during his assignment tenure. Block 40 (Wounds) contains an entry that indicates that he was wounded in action, on 28 March 1967, during his assignment in the RVN and that his wound was to the right arm.

6. Block 41 (Awards and Decorations) of the applicant’s DA Form 20 does not include the BSM or PH in the awards listed. However, it does show that he earned the following awards during his active duty tenure: Combat Infantryman Badge; National Defense Service Medal; Vietnam Service Medal; and RVN Campaign Medal with 60 Device.

7. The applicant’s Official Military Personnel File (OMPF) contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served during his tenure on active duty.

8. The OMPF does include a copy of a statement, dated 24 April 1967, prepared by the Battalion Surgeon, 4^th Battalion, 503 Infantry Regiment, Aid Station. In it, the Battalion Surgeon certifies that the applicant was wounded in action during Operation Junction City II, War Zone C, RVN, and as a result he was qualified to be awarded the PH.

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9. The applicant’s separation medical examination (Standard Form 88), dated
26 April 1967, contains an entry in block 35 (Upper Extremities) of the Clinical Evaluation that indicates that he had a scar on his right arm. Block 74 (Summary of Defects) explains the block 35 entry with a statement that indicates the applicant received a grenade fragmentation wound to the right arm.

10. The DD Form 214, issued to and authenticated by the applicant with his signature on the date of his separation, 26 April 1967, shows in block
24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure: National Defense Service Medal, Combat Infantryman Badge, Parachutist Badge, Vietnam Service Medal, and Vietnam Campaign Medal with Device 60. However, the PH and BSM are not included in this list of awards.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 provides guidance on awarding the PH. It states, in pertinent part, that the PH 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 required treatment by a medical officer, and this medical treatment must have been a matter of official record.

12. Paragraph 2-13 contains guidance on the Vietnam Service Medal and it states, in pertinent part, that 1 bronze service star is authorized with this medal for each campaign a member participated in during his assignment tenure in the RVN.

13. Paragraph 3-13 provides guidance on awarding the BSM. It states, 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, to support awarding the BSM and adding it to a member’s service record, a formal recommendation must have been made for the award, it must have been approved by the proper authority, and the award must have been announced in orders. All award recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

14. Chapter 4 contains guidance on the award of the AGCM and it states, in pertinent part, that this award is authorized for members 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 the case of the first award, in which case, a period of 1 or more years is considered a qualifying period if it is at the termination of a period of Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during the applicant’s assignment tenure in his unit, 4^th Battalion, 503 Infantry Regiment, it received a Presidential Unit Citation, authorized in Department of the Army General Order (DAGO) Number 32, published in 1974; Republic of Vietnam Gallantry Cross with Palm Unit Citation, authorized in DAGO Number 8, published in 1974; and Meritorious Unit Commendation, authorized in DAGO Number 48, published in 1968.

16. Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to the PH and the BSM. However, while it finds sufficient evidence to support his claim of entitlement to the PH, it finds no such evidence to show he was ever recommended for or awarded the BSM.

2. The Board wishes to advise the applicant that he has not yet exhausted all administrative remedies in pursuing his claim for the BSM. By law, he is entitled to submit his request for the BSM with any supporting recommendations and evidence though his Member of Congress, under the provisions of 10 USC 1130, an option he may still wish to pursue.

3. By regulation, in order to receive a PH a member must have been wounded in action, treated for the wound by military medical personnel, and this treatment must have been made a matter of official record. The Board finds that the evidence of record, which includes a DA Form 20 entry in block 40, a statement from a Battalion Surgeon, and entries in the applicant’s separation medical examination, more than satisfy the regulatory burden of proof necessary to award the PH.

4. Lacking a specific disqualifying action from any of his unit commanders, the Board finds the evidence of record confirms that the applicant served a qualifying period of service that entitles him to receive the first award of the AGCM, and it concludes that it would be appropriate to add this award to his record at this time.

5. In addition, the record also confirms that during his assignment tenure in the RVN, the applicant participated in 2 campaigns. Therefore, the Board concludes that he is entitled to 2 bronze service stars for his Vietnam Service Medal.

6. The evidence of record also confirms that the applicant’s unit earned the following awards during his assignment tenure: Presidential Unit Citation;
RVN Gallantry Cross with Palm Unit Citation; and Meritorious Unit Citation. Therefore, the Board concludes it would be appropriate to add these awards to his records at this time.

7. 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 individual concerned the Purple Heart for being wounded in action on 28 March 1967, while serving as a SP4, in the RVN; by awarding him the Army Good Conduct Medal for his honorable service from
6 May 1965 to 26 April 1967; by showing he received the Vietnam Service Medal with 2 bronze service stars; Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and Meritorious Unit Citation; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

__FNE___ __TAP__ __HBO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Fred N. Eichorn___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001060372
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/12/06
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.
3.
4.
5.
6.