PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 March 2002
         DOCKET NUMBER: AR2001065036


         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. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		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 Report of Transfer or Discharge, DD Form 214, be amended to add the Bronze Star Medal, the Air Medal, the Purple Heart, the Expert Marksman Badge, and the Sharpshooter Badge for the pistol. He makes no additional statement.

3. The applicant’s military records show that he enlisted in the Regular Army on 17 August 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). He was honorably discharged on 26 April 1968 for the purpose of immediately reenlisting on 27 April 1968.

4. On 27 March 1969, the applicant was assigned to Company B, 2d Battalion, 7^th Cavalry, 1^st Cavalry Division as an indirect fire crewman. Special Orders 192, Headquarters, 1^st Air Cavalry Division dated 11 July 1969 awarded him the Combat Infantryman Badge.

5. On 1 December 1969, the applicant was reassigned to the 11^th Aviation Company, 1^st Cavalry Division. General Orders 1182, Headquarters, 1^st Cavalry Division (Airmobile) dated 19 January 1970 awarded him the Bronze Star Medal for service for the period November 1969 to March 1970. General Orders 5254, Headquarters, 1^st Cavalry Division (Airmobile) dated 7 April 1970 awarded him the Air Medal for the period September 1969 to February 1970.

6. On 20 May 1970, the applicant was reassigned to Headquarters and Headquarters Company, 3d Brigade, 1^st Cavalry Division. General Orders 15717, Headquarters, 1^st Cavalry Division (Airmobile) dated 26 August 1970 awarded him the Bronze Star Medal for service for the period October 1969 to October 1970. This order is annotated (specifically drawing attention to the applicant’s name) “amend to read 1^st OLC.” He departed Vietnam on 14 November 1970. He was credited with serving during five Vietnam campaigns. He was released from active duty on 16 November 1970.
His separation Report of Medical Examination, SF 88, indicates he thought himself in poor health but there is no record of his having otherwise suffered any injuries. His DD Form 214 showed he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

7. The applicant’s Enlisted Qualification Record, DA Form 20, shows that he was awarded the Sharpshooter Badge (Rifle M-14). There is no entry on his DA Form 20 nor any orders in his records to show he qualified for a marksman badge for the pistol or for an expert marksman badge for any weapon. Item 38 of his DA Form 20 shows that his conduct was rated as fair and his efficiency as good while in advanced individual training. During one period (27 April 1968 – 2 February 1969) his conduct and efficiency were rated as good. Item 40 does not indicate he received wounds in action.
8. The applicant completed a physical examination for enlistment in the Army National Guard on 23 October 1979. He indicated on his Report of Medical History, SF 93, that he was in good health and that he had back surgery eight or nine years previously. No other injuries were noted. The physician summarized in item 25 that the applicant had disc surgery.

9. On 26 September 2001, the National Personnel Records Center authorized issuance of the Army Good Conduct Medal, in addition to the decorations listed on his DD Form 214, to the applicant.

10. 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. In pertinent part, it states that a bronze service star is awarded and worn on the appropriate service medal (e.g., the Vietnam Service Medal) for each credited campaign. A silver star is worn in place of five bronze service stars. It also states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

11. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

12. Department of the Army Pamphlet 672-3 shows that Company B, 2d Battalion, 7^th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 – 19 May 1969. The 11^th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 – February 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 January 1969 – 1 February 1970. Headquarters and Headquarters Company, 3d Brigade, 1^st Cavalry Division was awarded the Valorous Unit Award for the period 1 May 1969 – 29 June 1970 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 – June 1972. The Pamphlet states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

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CONCLUSIONS:

1. The evidence of record shows the applicant was awarded the Bronze Star Medal, the Air Medal, the Combat Infantryman Badge, and the Sharpshooter Badge (Rifle M-14). The Board notes the applicant was awarded the Bronze Star Medal for service twice; however, the second award includes the same period of service as the first award (November 1969 to March 1970 versus October 1969 to October 1970). Only one decoration may be awarded for the same period of service.

2. There is no evidence of record and the applicant provides none to show he was awarded the Purple Heart. He does not provide the circumstances or date of the injuries he purportedly received. His active duty separation physical examination and his Army National Guard enlistment physical examination do not support his contention that he was injured in combat.

3. There is no evidence of record to show the applicant was awarded a marksman badge for the pistol or for an expert marksman badge for any weapon.

4. The National Personnel Records Center authorized issuance of the Army Good Conduct Medal to the applicant in September 2001; however, the evidence of record shows that he did not meet the eligibility requirements for its award.

5. The evidence of record shows that the applicant was credited with five Vietnam campaigns and so is entitled to wear one silver service star on the Vietnam Service Medal. The evidence of record also shows that the applicant was assigned to three separate units during periods of time those units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Although he may wear only one unit citation, his records should reflect all three awards. One of those three units was also awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during a period of time he was assigned to the unit. Another of those three units was awarded the Valorous Unit Award during a period of time he was assigned to the unit. He is entitled to wear these two unit awards.

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

RECOMMENDATION:

1. That the applicant’s DD Form 214 for the period ending 16 November 1970 be amended to show he was awarded the Bronze Star Medal, the Air Medal, the Combat Infantryman Badge, the Sharpshooter Badge (Rifle), the Vietnam Service Medal with 1 silver service star, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and the Valorous Unit Award.

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

BOARD VOTE:

__rvo___ __jpi___ __rks___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O’Connor, Jr.
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065036
SUFFIX
RECON
DATE BOARDED	20020307
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	110.04
2.
3.
4.
5.
6.