PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 October 2002
         DOCKET NUMBER: AR2002067297


         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:

Ms. JoAnn H. Langston		Chairperson
Ms. Margaret V. Thompson		Member
Mr. Richard T. Dunbar		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 reflect award of the Distinguished Service Cross, two Silver Stars, two Bronze Star Medals with "V" device, three Purple Hearts, the Army Commendation Medal, the Vietnam Service Medal with oak leaf clusters (properly three bronze service stars), the Combat Infantryman Badge, the Combat Medical Badge, the Presidential Unit Citation, and a individual Presidential Citation. He further requests that his rank at the time of his discharge be shown as sergeant (E-5). The applicant also requests a correction of his records for "Agent Orange Exposure."

3. The applicant states that he earned these awards and wants to be able to show them to his family to help explain Vietnam and why he was wounded.

4. The applicant’s military records show that he enlisted in the Kansas Army National Guard (KSARNG) and entered active duty for training (ADT) on 14 March 1966. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 36A (Wireman) and was released to the KSARNG on 29 July 1966.

5. Upon assignment within the KSARNG, he retrained into the MOS 91B Medic (Medical Aidman). He was called to active duty on 13 May 1968 and served in Vietnam from 26 March 1969 to 30 August 1969 as a medic with Company D, 1^st Battalion, 16^th Infantry Regiment, 1^st Infantry Division.

6. The record contains an "Official Statement of Award of Purple Heart" certifying that the applicant received wounds as a result of hostile actions on 6 May 1969 and is entitled to the Purple Heart. There are no references to any other wounds in the record.

7. The applicant's DD Form 214 shows he was released from active duty on 5 September 1969. Item 24 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Combat Medical Badge. The DD Form 214 also shows his rank as specialist four (SP4) with a date of rank of 7 August 1969.

8. The applicant's record contains two letters of appreciation, dated June 1969, that show that as a PFC (private first class) he was commended for his work as a patient corpsman during his period of hospitalization.

9. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he qualified as marksman with the M-14 rifle and the .45 caliber pistol in 1967 and qualified as a sharpshooter with the M-16 rifle in 1968 and the .45 caliber pistol in 1969. In addition to his weapons qualifications it shows his awards and decorations as: the Republic of Vietnam Campaign Medal, National Defense Service Medal, the Republic of Vietnam Service Medal, the Combat Medical Badge, and the Overseas Service Ribbon. It lists his dates of promotions and reductions as: PVT E-1 on 3 February 1966, PVT E-2 on 3 June 1966, PFC E-3 on 18 May 1967, and PVT E-2 on 23 January 1968.

10. The applicant's records do not contain any copies of any orders for any awards or decorations nor for any of the applicant's promotions or reduction.

11. A review of the Vietnam Casualty List contains only a single listing showing the applicant as having received wounds as a result of hostile action, that being on 6 May 1969.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that Company D, 1st Battalion, 16th Infantry Regiment, 1st Infantry Division was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of Army General Orders (DAGO) Number 21, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period October 1965 through 7 April 1970 by DAGO 53, dated 1970.

13. Army Pamphlet 672-3 also shows the pertinent identified campaign periods, for which the bronze service star is authorized for wear on the Vietnam Service Medal, are as follows: Tet 69 Counter Offensive, 23 February 1969 through 8 June 1969 and the Summer-Fall 1969 Offensive, 9 June 1969 through 31 October 1969.

14. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. The following paragraphs are pertinent to this case:

a. Paragraph 2-8 provides for award of the Purple Heart. That paragraph states 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, and the medical treatment must have been made a matter of official record.

b. Paragraph 2-13 provides for award of the Vietnam Service Medal. The Vietnam Service Medal is awarded to 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.

c. Paragraph 3-7 provides for award of the Distinguished Service Cross. That paragraph states that the Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor. The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.

d. Paragraph 3-9 provides for award of the Silver Star. That paragraph states that the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.

e. Paragraph 3-13 provides for award of the Bronze Star Medal. That paragraph states that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.

f. Paragraph 3-16 provides for award of the Army Commendation Medal. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.

g. Paragraphs 4-1 through 4-11 provide for award of the Good Conduct Medal. These paragraphs state 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.

h. Paragraph 6-5 provides for award of the bronze "V" device. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

i. Paragraph 6-7 provides for award of bronze service stars. That paragraph states that a bronze service star is awarded 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 campaign or service medal, including the Vietnam Service Medal.

j. Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB). That paragraph states that there are basically three requirements for award of the CIB. 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. Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, and satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
k. Paragraph 8-7 provides for award of the Combat Medical Badge (CMB). That paragraph states the CMB is awarded to medical department personnel (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.

l. Paragraph 8-44 sets forth the requirements for the basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

m. Paragraph 9-27 provides for the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The unit citation of the Gallantry Cross is awarded by the Vietnamese government for valorous combat achievement. It is awarded in four degrees as follows:

1. with Palm – to a unit which is cited before the Armed Forces;
2. with Gold Star – to a unit which is cited before a corps;
3. with Silver Star – to a unit which is cited before a division; and
4. with Bronze Star – to a unit which is cited before a regiment or brigade.

n. Paragraph 9-28 provides for award of the Republic of Vietnam Civil Actions Medal Unit Citation. This unit citation is awarded by the Vietnamese government for meritorious service.

15. Army Regulation 15-185 governs the operations of the ABCMR. Paragraph 2-8b states that the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice. Paragraph 2-8c states that the ABCMR will not consider an application if it does not have jurisdiction to grant relief.

16. Army Regulation 600-8-22 lists the statute of limitations on the submission of recommendations for awards for Vietnam was 24 Oct 1975. However, Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law. A DA Form 638 (Recommendation for Award) clearly identifying the unit, the period of assignment, and the award being recommended needs to be submitted separately. A narrative of the actions or period for the requested recognition must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request, best provide corroborating evidence. The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

CONCLUSIONS:

1. Inasmuch as the applicant has not exhausted all administrative remedies for consideration of award of the Distinguished Service Cross and the Silver Star, the Board will not address these items at this time.

2. The administration of the Agent Orange Benefits Program is vested in the Department of Veteran's Affairs. The Board has no jurisdiction or authority in the processing of Agent Orange claims; therefore it cannot address this issue.

3. There is no evidence to show that the applicant was ever promoted above the rank of SP4 during his period of active duty. In fact his promotion to SP4 occurred less than a month before his release from active duty.

4. There is no available documentation to show that the applicant was entitled to or awarded the Bronze Star Medal (with or without "V" device), the Army Commendation Medal, the Presidential Unit Citation or a personal Presidential Citation.

5. As a medic serving with a line company, the applicant did qualify for award of the Combat Medical Badge; however, at no time during his tour in Vietnam did he hold or serve in an infantry MOS as required to also entitle him to award of the Combat Infantryman Badge.

6. Letters of appreciation are not items that are recorded on the DD Form 214 nor are they, in and of themselves, sufficient to justify award of any official award such as the Army Commendation Medal.

7. The record shows that the applicant was wounded as a result of hostile action only once, therefore, he is entitled to only one Purple Heart. This award however, is not shown on his DD Form 214. It is in the interest of justice to correct this error and add it to his DD Form 214.

8. The applicant's DD Form 214 erroneously does not show his entitlement to award of the Marksman Qualification Badge with Rifle bar, Sharpshooter Qualification Badge with Automatic Rifle and Pistol Bars, and two bronze service stars on his Vietnam Service Medal. It is in the interest of justice to correct these errors and add them to his DD Form 214.

9. During the period that the applicant served in Vietnam his unit 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. It is in the interest of justice to correct these errors and add them to his DD Form 214.

10. The applicant's record does not show any disqualifying factors that would have barred him from receipt of the Good Conduct Medal. Therefore, the Board concludes that the record shows that the applicant distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service and he should be awarded the Good Conduct Medal for his period of service from 13 May 1968 through 5 September 1969.

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

RECOMMENDATION:

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

a. showing that the individual concerned was awarded the Vietnam Service Medal with two bronze service stars; and,

b. by adding the following additional awards, in item 24, of his DD Form 214: the Purple Heart, the Good Conduct Medal, the Marksman Qualification Badge with Rifle bar, the Sharpshooter Qualification Badge with Automatic Rifle and Pistol bars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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


BOARD VOTE:

_JHL____ __MVT__ __RTD__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ JoAnn H. Langston______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067297
SUFFIX
RECON
DATE BOARDED	20021017
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.