PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 March 2002
         DOCKET NUMBER: AR2001062333


         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. George D. Paxson		Chairperson
Ms. Deborah S. Jacobs		Member
Mr. Ronald E. Blakely		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 all awards shown on the attached DA Form 1577 (Authorization for Issuance of Awards) be added to his DD Form
214 (Report of Transfer or Discharge) dated 31 January 1971 and any other awards he is entitled to.

3. The applicant states, in a five page letter submitted with his application through his senator, that because he left the Republic of Vietnam (RVN) without having his company records being reviewed, he may be entitled to the Bronze Star, the Air Medal and the Purple Heart as well as other awards or medals. He states that he served as an Airborne Infantryman in the 506th Airborne Infantry, in Vietnam in 1970. He further states that in his unit if you had a Combat Infantryman Badge (CIB) and X number of months in the field you were entitled to a Bronze Star Medal. He claims he is also entitled to the Air Medal based on his earlier duty in a Air Combat Unit and that an Air Medal is authorized for
30 combat air assaults. He further claims that his participation is in excess of that number. His justification for award of the Purple Heart is that sometime in late June or early July 1970, his company provided security for fire base Cheryl Ann near the Cambodian border in II Corps, Central Highlands, something exploded and he remembers being hit on the left side of his head. He recalls waking up in a battalion aid station, covered in blood with the left side of his scalp cut open. He said, he received medical treatment and was returned to the front line, still feeling the effects of his “concussion.” He points out that a check should be made of the company’s after action report as a source of information. At the time he left Vietnam, he really didn’t care about his awards that much, with the exception of the CIB. Now he would like to have these medals issued.

4. The applicant was inducted August 25, 1969, completed Basic Combat Training and Advanced Individual Training and was awarded MOS (Military Occupational Specialty) 11B10 (Light Weapons Infantryman). He served in the Republic of Vietnam (RVN) with B Company, 3rd Battalion, 506th Infantry from 27 March 1970 to 28 January 1971, and was transferred back to the United States to Fort Lewis, Washington for separation processing.

5. On January 31, 1971, he was honorably separated. He was credited with
1 year, 5 months and 15 days of active service and no lost time. The highest grade he attained was pay grade E-3. His conduct and efficiency ratings, following his basic combat training, were exclusively excellent throughout his enlistment.

6. At the time of his separation, his DD Form 214, listed the following authorized awards, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Army Commendation Medal and the Marksmanship Qualification Badge with Machine Gun Bar and the Sharpshooter Qualification Badge with Rifle Bar. It does not show the award of the Purple Heart, the Bronze Star Medal or the Air Medal.

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7. On May 4, 1971, the National Personnel Records Center issued a DA Form
1577. This form listed the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Combat Infantryman Badge, the RVN Campaign Medal with Device (1960), the Marksmanship Qualification Badge with Machine Gun Bar and the Sharpshooter Qualification Badge with Rifle Bar.

8. The applicant’s DA Form 20 (Enlisted Qualification Record), item
40 (wounds) shows no entry which would indicate he was wounded. In addition, item 41 (Awards and Decorations) does not show he was issued a Purple Heart. Further, the applicant’s name does not appear on the Vietnam Casualty List.

9. The available records do not show that the applicant was awarded the Good Conduct Medal. However, there is no evidence of misconduct or that his unit commander disqualified him from award of the Good Conduct Medal, neither is there any derogatory information contained in his available records.

10. 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.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) dated 29 January 1988, shows that B Co, 3rd Battalion, 506th Infantry was awarded the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, 1971.

12. This publication also shows that the unit, was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

13. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. Service on temporary duty must have been for 30 consecutive days or
60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.

14. The applicant is entitled to three bronze service stars for wear on his Vietnam Service Medal for his participation in the Vietnam Winter-Spring 1970, the Sanctuary Counteroffensive 1970 and the Vietnam Counteroffensive Phase VII campaign periods.

15. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal and the Air Medal are 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was entitled to be awarded the Purple Heart and/or qualified for the Bronze Star Medal and the Air Medal.

2. The applicant distinguished himself by his conduct efficiency and fidelity during a qualifying period and earned an award of the Good Conduct Medal.

3. He is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars for wear on his Vietnam Service Medal. These awards should also be added to his DD Form 214.

4. In view of the foregoing, findings and conclusions correcting the applicant’s record as recommended below will correct errors and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by adding the following awards and decorations to item 24 on his DD Form
214 issued to him on August 25, 1971:

a. the Good Conduct Medal;

b. the Vietnam Service Medal with three bronze service stars;

c. the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation;

d. the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


BOARD VOTE:

___GDP__ __DSJ__ ___REB_ GRANT AS STATED IN RECOMMENDATION

________ _______ _________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _George D. Paxson____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001062333
SUFFIX
RECON
DATE BOARDED	20020326
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19601127
DISCHARGE AUTHORITY	AR635-200
DISCHARGE REASON	A107.0000
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0013
2.	107.0015
3.
4.
5.
6.