MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 June 2002
         DOCKET NUMBER: AR2001063683

         I certify that hereinafter is recorded the record of consideration 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:

Ms. Karol A. Kennedy		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Allen L. Raub		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the award of the Purple Heart (PH) and the Combat Medical Badge (CMB).

APPLICANT STATES: That he was awarded the PH and CMB; however, they are not shown on his DD Form 214. The applicant also states that his primary military occupational specialty (MOS) was 11C, Indirect Fire Infantryman and that he also received on the job training as a medic.

EVIDENCE OF RECORD: The applicant's military records show:

He was inducted into the Army of the United States (AUS) on 25 February 1969 for a period of 2 years. Following completion of all military training, he was awarded MOS 11C. The applicant was assigned to the Republic of Vietnam (RVN) as an infantry rifleman with Company D, 3^rd Battalion, 21^st Infantry, 196^th Infantry Brigade. He served in Vietnam from 23 August 1969 to 11 October 1970.

On 11 October 1970, the applicant departed Vietnam enroute to Fort Lewis, Washington. Upon his arrival at Fort Lewis, the applicant was processed for discharge as an overseas returnee. The applicant was released from the Army under the provisions of chapter 5, Army Regulation 635-200 and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). He had 1 year, 7 months, and 3 days of creditable military service and 14 days of lost time. His DD Form 214 reflects the following awards: the National Defense Service Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal, Army Commendation Medal (1^st Oak Leaf Cluster), Combat Infantryman Badge, two overseas service bars, and Expert Marksmanship Badge (M-16).

There is no evidence of record that the applicant’s unit commander disqualified him for award of the Good Conduct Medal (GCMDL). Therefore, he is entitled to award of the GCMDL for the period 25 February 1969 thru 11 October 1970.

The evidence of record supports awarding the applicant four bronze service stars (BSS) for wear on his VSM.

Army Regulation 600-8-22 (Military Awards) 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.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge (CMB) is awarded to medical department personnel

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(colonel and below) who are assigned or attached to a medical unit of company
or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy. This regulation also stated special provisions for award of the CMB during the Vietnam conflict. These provisions permitted award of the CMB to soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of U.S. Army infantry unit of brigade or smaller size, including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat. The special provisions required that the soldier must have been personally present and under hostile fire while assigned as specified.

Army Regulation 600-8-22 (Military Awards) provides that the 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. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

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 was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to 31 December 1969 and 31 March 1970 to 30 June 1970 by Department of the Army General Order Number 42, dated 1972.

Army Regulation 600-8-22 (Military Awards), 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. During the applicant’s assignment in Vietnam, he participated in four campaigns, the Summer-Fall 1969, Winter-Spring 1970, Sanctuary Counteroffensive, and Counteroffensive, Phase VII.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. To be awarded the PH, the applicant would have to show that he was wounded and 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. There is no such substantiating proof in the record, nor has the applicant provided any that shows he was ever wounded as a result of hostile action. Therefore, no basis has been established for awarding the PH.

3. To be awarded the CMB, the applicant would have to show that he was serving in a medical MOS and that he had been personally present and under hostile fire while assigned to a medical or infantry unit of brigade size or smaller. The evidence of record does not support, nor has the applicant provided any substantiating evidence to support his contention that he fit the above criteria. Therefore, no basis for awarding the CMB has been established. On the contrary, all evidence of record shows that he was an infantryman.

4. In view of the foregoing, there is no basis for granting the applicant's request.

5. The evidence of record substantiates that the applicant’s record should be corrected to reflect the award of four BSSs for wear on his VSM, the RVN Gallantry Cross with Palm Unit Citation, and the GCMDL for the period of service from 25 February 1969 thru 11 October 1970. It would now be appropriate to administratively correct the applicant’s record accordingly.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: Request that the Army Review Boards Agency, Support Division, St. Louis furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 24 that he was awarded the GCMDL, four BSSs for wear on his VSM, and the RVN Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__kak___ __mhm___ __alr___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001063683
SUFFIX
RECON
DATE BOARDED	20020618
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19701011
DISCHARGE AUTHORITY	AR 635-200, c5
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0113
3.
4.
5.
6.