PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 April 2002
         DOCKET NUMBER: AR2001064782


         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Mr. Thomas E. O'Shaughnessy, Jr.		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 (Report of Transfer or Discharge) be corrected to show his award of the Purple Heart and the Army Commendation Medal (ARCOM) with two oak leaf clusters.

3. The applicant states he served his country with honor and he deserves to have his records correct. He submits a copy of the Army Commendation Medal (Second Oak Leaf Cluster) certificate and citation, dated 10 November 1970, to show his entitlement to the second oak leaf cluster.

4. The applicant’s military records show that he entered active duty on 27 June 1969. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5. The applicant served an 11-month tour, 4 December 1969 through 10 November 1970, in Vietnam with Company C, 4^th Battalion, 46^th Infantry and Company A, 1^st Battalion, 52^nd Infantry.

6. The applicant’s DD Form 214 lists his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the ARCOM with one oak leaf cluster, the Second Class Gunner Qualification Badge - 81 mm, and the Marksman Qualification Badge with Rifle Bar (M-14).

7. The applicant’s DA Form 20 (Enlisted Qualification Record) shows at item 39 (campaigns) that he participated in three campaigns; at item 41 (awards and decorations) the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the ARCOM with one oak leaf cluster, Second Class Gunner Qualification Badge - 81 mm, the Marksman Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Qualification Badge with Rifle Bar (M-16).

8. The applicant’s record contains the following orders:

         a. Headquarters (HQ) Americal Division General Orders (GO) Number 6597, dated 29 June 1970, shows the applicant was awarded the ARCOM for meritorious achievement for the period 1 January 1970 through 3 April 1970;

         b. HQ Americal Division GO Number 12319, dated 10 September 1970, shows the applicant was awarded the ARCOM (1st oak leaf cluster) for meritorious achievement for the period 1 May 1970 through 31 August 1970; and,
         c. HQ 91st Evacuation Hospital GO Number 26, dated 2 February 1970, shows that he was awarded the Purple Heart for wounds received in action on 1 February 1970.

9. A review of the applicant’s unit’s history confirms that the applicant was awarded an ARCOM for meritorious service for the period of December 1969 through November 1970.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that both units to which the applicant was assigned were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 5, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 51, dated 1971. The pamphlet further notes that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation or Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation will be worn by an individual.

11. The applicant qualified for the Second Class Gunner Badge on the 81 mm mortar. The current denotation of this qualification is the Marksman Qualification Badge with Mortar Bar.

12. A DD Form 215 (Correction to the DD Form 214), issued 16 July 1989, added the Purple Heart to the applicant's listed awards and decorations. It also indicated that a change to his ARCOM was indicated; however the form again indicates the award of the ARCOM with one oak leaf cluster.

13. Army Regulation 600-8-22 paragraph 8-6 sets forth the policy and procedures for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

14. 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. These include but are not limited to: the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; the Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

CONCLUSIONS:

1. The applicant’s record clearly shows that he was wounded as a result of hostile action and is entitled to award of the Purple Heart; however, his records have already been corrected to show his entitlement to this award.

2. The applicant served in the capacity of an infantryman, with an infantry MOS in actual combat as noted by his award of the Purple Heart. He is therefore, entitled to the Combat Infantryman Badge.

3. The applicant was attached to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service. Therefore, it is appropriate that these awards be noted on his DD Form 214.

4. The records show that the applicant received two ARCOMs for meritorious achievement and a third for meritorious service. Therefore, the applicant’s records should be corrected show award of the ARCOM with two oak leaf clusters.

5. As he participated in three campaigns, the applicant's Vietnam Service Medal should properly be listed as the Vietnam Service Medal with three bronze service stars.

6. The applicant qualified for the Second Class Gunner Badge on the 81 mm mortar. The current denotation of this qualification is the Marksman Qualification Badge with Mortar Bar.

7. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will rectify an injustice and correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to show the awards and decorations for the individual concerned includes the Purple Heart, the Army Commendation Medal with two oak leaf clusters, the Combat Infantryman Badge, the Vietnam Service Medal with three bronze

service stars, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Qualification Badge with Mortar Bar, and the Sharpshooter Qualification Badge with Rifle Bar.


BOARD VOTE:

__AAO__ __HOF__ __TEO___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Arthur A. Omartian
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064782
SUFFIX
RECON
DATE BOARDED	20020430
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0020
3.	107.0073
4.	107.0094
5.	107.0095
6.	107.0111