PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 February 2002
         DOCKET NUMBER: AR2001062547


         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
Mrs. Carolyn G. Wade		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Lester Echols		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 DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect all of the awards and ribbons he earned in Vietnam.

3. The applicant states that he believes the record to be in error or unjust because he was awarded the Purple Heart (PH), but it doesn’t appear on his DD Form 214. He also believes that he is entitled to other personal and unit awards. Finally, he states that he was awarded a secondary MOS (military occupational specialty) of 95B20, Military Police, and that is not on his DD Form 214. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted into the Army of the United States on 7 April 1970 for a period of 2 years. Upon completion of all required military training, he was assigned to the Republic of Vietnam as a light weapons infantryman with Company D, 1st Battalion, 54th Infantry, 198th Infantry Brigade. He served in Vietnam from 7 September 1970 to 30 October 1970.

5. On 26 October 1970, the applicant was wounded in action by small arms fire while on a combat operation against hostile forces. He was evacuated from the field and transferred to the 249th General Hospital in Japan on 1 November 1970. From Japan, he was further evacuated to Womack Army Hospital, Fort Bragg, North Carolina, on 3 December 1970. There is documentation in the applicant’s records to show that, on 27 October 1970, his aunt and uncle were notified by telegram that he had been wounded in action in Vietnam.

6. On 29 January 1971, the applicant was released from Womack Army Hospital and assigned to Company E, 54th Infantry, Fort Stewart, Georgia, where, on 16 February 1971, he reported for duty as a rifleman in MOS 11B.

7. On 24 March 1971, the applicant was reassigned to the 298th Military Police Company, Fort Stewart for on-the-job training as a senior military policeman in MOS 95B20.

8. On 2 December 1971, the applicant underwent a separation physical examination. The physical examination reflected that he had suffered a bullet wound to his left thigh. On 9 December 1971, the applicant was released from active duty under the provisions of paragraph 5-3, Army Regulation 635-200 and Department of the Army Message 131940Z, dated August 1971, and transferred to the United States Army Reserve. He had 1 year, 8 months, and 3 days of creditable service. His DD Form 214 reflects the following awards: the National Defense Service Medal, Vietnam Service Medal, Marksmanship Badge (Pistol), Sharpshooter Badge (M-60), and Expert Badge (M-16).

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9. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

10. AR 600-8-22 provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH). It stated that soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment. For wounded soldiers requiring hospitalization in excess of 24 hours, or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.

11. AR 600-8-22 also provides that the Good Conduct Medal (GCMDL) 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.

12. Army Regulation 600-8-22 also provides that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13. AR 600-8-22 also 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. During the applicant’s assignment in Vietnam, he participated in one campaign, the Vietnam Counteroffensive Phase VII, Campaign.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned did not receive a unit award during the applicant’s short period of assignment.

15. Army Regulation 635-5, prescribes the separation documents that will be furnished each individual who is separated from the Army including active duty for training personnel and cadets from the United States Military Academy. This regulation establishes standardized procedures for the preparation and distribution of these documents. Except for general officers being retired, the separation documents will be prepared at the processing transfer station, transfer point, unit personnel section, or personnel service division authorized to accomplish separation. Paragraph 2-40, in effect at the time, provided guidance for the entries made in Items 23a and b and indicates that the primary MOS is entered on the DD Form 214, in item 23a.

CONCLUSIONS:

1. The evidence of record indicates the applicant is entitled to the Purple Heart, Good Conduct Medal, CIB, and a Bronze Service Star for his Vietnam Service Medal.

2. The evidence of record also indicates the applicant was never issued his Vietnam Service Medal, Sharpshooter Badge (M-60), and Marksmanship Badge (Pistol).

3. All evidence contained in the applicant’s records shows that the applicant was trained in MOS 11B and that he served as a light weapons infantryman until he was injured in Vietnam. After his hospitalization, he was again assigned to duty as an 11B. Although the applicant did receive on-the-job training in MOS 95B20, Senior Military Policeman, there is no indication that he was ever awarded this MOS as his secondary MOS. Furthermore, pertinent regulations, in effect at the time, prescribed that only the primary MOS designation would be recorded in item 23a of the DD Form 214. Therefore, the applicant is not entitled to have MOS 95B added to his DD Form 214.

4. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by:

         a. Issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) awarding him the Purple Heart, the Good Conduct Medal, the CIB, and one Bronze Service Star for his Vietnam Service Medal; and

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         b. Issuing to him the above medals and the Vietnam Service Medal, Sharpshooter Badge (M-60), and Marksmanship Badge (Pistol).

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

BOARD VOTE:
_
__FNE___ __MKP__ __LE___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___ Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001062547
SUFFIX
RECON
DATE BOARDED	20020207
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19711209
DISCHARGE AUTHORITY	AR 635-200 & DA Message 131940Z
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	DASA
ISSUES 1.	107.0015
2.
3.
4.
5.
6.