PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 May 2002
         DOCKET NUMBER: AR2002067879


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. John N. Slone		Member
Mr. Terry L. Placek		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.

---

2. The applicant requests a second award of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)) and the Air Medal.

3. The applicant states, that he is entitled to a second award of the Purple Heart for wounds sustained on 6 March 1969 in Vietnam. He contends that his company was loaned out to others to aid and support, that he participated in three campaigns in five months in Vietnam and that he was awarded the Air Medal at the same time he received the Silver Star and the Army Commendation Medal with “V” Device and two Purple Hearts. In support of his application, he submits a letter of explanation, dated 4 January 2002; DA Form 1577 (Authorization for Issuance of Awards), dated 24 December 2001; an undated Awards Board Summary Sheet; Duty Officer’s Log for 6 March 1969; a document titled “STATEMENT”; a document titled “Record of Medals”; a document prepared by the applicant which lists the battles he participated in during his assignment in Vietnam; a newspaper article, dated 1 January 1970; and a document pertaining to his award of the Army Commendation Medal with “V” Device.

4. The applicant’s military records show that he was inducted on 13 September 1968. He served as a light weapons infantryman in Vietnam from 12 February 1969 through 9 August 1969 and was honorably released on 11 September 1970.

5. The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart (First Oak Leaf Cluster) or the Air Medal as authorized awards.

6. The applicant’s DD Form 214 shows one award of the Purple Heart. His records contain 1st Air Cavalry Division General Orders Number 8595, dated
11 July 1969, which show he was awarded the Purple Heart for wounds received as a result of hostile action on 20 June 1969 in Vietnam.

7. The applicant’s records also contain 24th Evacuation Hospital General Orders Number 156, dated 12 July 1969, which show he was awarded the Purple Heart (First Oak Leaf Cluster) for wounds received as a result of hostile action on
12 July 1969 in Vietnam. There is no evidence in the available records which shows the applicant was wounded in action on 6 March 1969 in Vietnam.

8. There are no orders for the Air Medal in the applicant’s service personnel records. There are no flight hours in the applicant’s service personnel records. Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Air Medal.

9. The applicant’s DD Form 214 shows the Army Commendation Medal as an authorized award. However, his records contain 1st Cavalry Division (Airmobile) General Orders Number 9151, dated 26 July 1969, which show he was awarded the Army Commendation Medal with “V” Device for heroism on 20 June 1969. His records also contain 1st Cavalry Division (Airmobile) General Orders Number 11267, dated 16 September 1969, which show he was awarded the Army Commendation Medal for meritorious service during the period February 1969 to July 1969.

10. There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records. However, the applicant’s DA Form 20 shows that he was assigned to Company B and Company A, 1st Battalion, 12th Cavalry of the
1st Cavalry Division in military occupational specialty 11B (infantry) during his assignments in Vietnam.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 56, dated 1969. This award is not shown on his discharge document.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972. This award is not shown on his discharge document.

13. The applicant provided a DA Form 1577 (Authorization for Issuance of Awards) prepared by the National Personnel Records Center and dated
24 December 2001. This document shows, in pertinent part, that the National Personnel Records Center determined that applicant was entitled to the Good Conduct Medal, the Presidential Unit Emblem (currently known as the Presidential Unit Citation), the Joint Meritorious Unit Emblem (currently known as the Joint Meritorious Unit Award) and the Expert Infantryman Badge which are not shown on the applicant’s DD Form 214.

14. The applicant also provided a document titled “Record of Medals” which, in pertinent part, indicates that he is entitled to a “Bronze Star” (correctly known as the Bronze Star Medal), one Overseas Service Bar and the Meritorious Unit Commendation which are not shown on his DD Form 214.

15. There are no orders for the Good Conduct Medal in the applicant’s service personnel records. His DA Form 20 (Enlisted Qualification Records) shows his conduct rating for the period 6 October 1969 through 13 July 1970 was “unsatisfactory” and his conduct and efficiency ratings for the period 14 July 1970 through 11 September 1970 were “good.” The applicant’s service personnel records show that he received three nonjudicial punishments during his enlistment.

16. 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 not cited for award of the Presidential Unit Citation while he was assigned to it.

17. There are no orders for the Joint Meritorious Unit Award in the applicant’s service personnel records.

18. There are no orders for the Expert Infantryman Badge in the applicant’s service personnel records.

19. There are no orders for the Bronze Star Medal in the applicant’s service personnel records.

20. The applicant’s records show that he served in Vietnam from 12 February 1969 until he was wounded in action on 12 July 1969 and evacuated to the United States on 9 August 1969 for medical treatment.

21. 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 not cited for award of the Meritorious Unit Commendation while he was assigned to it.

22. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Purple Heart and the Army Commendation Medal.

23. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

24. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

25. Army Regulation 600-8-22 provides 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.

26. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.

27. DOD Instruction 1348.33 (Military Awards Program) provides, in pertinent part, for award of the Joint Meritorious Unit Award. It is awarded in the name of the Secretary of Defense to recognize joint units and activities for meritorious achievement or service, superior to that which is normally expected. Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation or extraordinary circumstances and should be operational in nature. The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service. An oak leaf cluster is authorized for wear for each additional award of the Joint Meritorious Unit Award.

28. Army Regulation 600-8-22 prescribes Army policy and procedures for awards, and Paragraph 8-8 provides for award of the Expert Infantryman Badge. Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the Expert Infantryman Badge, a soldier must be in an active Army status and must have an infantry or special forces specialty.

29. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

30. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Oversea Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

31. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

CONCLUSIONS:

1. The Board noted the applicant’s contention that he was wounded on 6 March 1969 in Vietnam. However, there is no evidence of record available to the Board to support this contention.

2. Evidence of record shows the applicant was wounded as a result of hostile action on 20 June 1969 and on 12 July 1969 in Vietnam. Therefore, the applicant is entitled to correction of his DD Form 214 to show two awards of the Purple Heart.

3. The Board considered the applicant’s contention that he is entitled to the Air Medal. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he met the qualifications for award of the Air Medal. Therefore, the Board determined there is insufficient evidence on which to base an award of the Air Medal in this case.

4. The applicant’s DD Form 214 shows the Army Commendation Medal as an authorized award. However, evidence of record shows the applicant received the Army Commendation Medal with “V” Device and the Army Commendation Medal. Therefore, his DD Form 214 should be corrected to show award of the Army Commendation Medal with “V” Device (First Oak Leaf Cluster).

5. Evidence of record shows that the applicant served in an infantry MOS in an infantry company in combat in Vietnam. Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

6. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show these unit citations.

7. Notwithstanding the entry on the applicant’s DA Form 1577, there are no orders for the Good Conduct Medal in the available records. Although there is no indication the applicant’s chain of command disqualified him from award of the Good Conduct Medal, his record shows a conduct rating of “unsatisfactory”, conduct and efficiency ratings of “good” and imposition of NJP on three separate occasions which are disqualifying factors for award of the Good Conduct Medal. In view of the foregoing, the Board determined that there is insufficient evidence on which to base award of the Good Conduct Medal in this case.

8. Notwithstanding the entry on the applicant’s DA Form 1577, evidence of record shows the applicant’s unit was not cited for award of the Presidential Unit Citation while he was assigned to it. Therefore, the Board determined that there is insufficient evidence on which to base award of the Presidential Unit Citation.

9. Notwithstanding the entry on the applicant’s DA Form 1577, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Joint Meritorious Unit Award. Therefore, the Board determined that there is insufficient evidence on which to base award of the Joint Meritorious Unit Award in this case.

10. Notwithstanding the entry on the applicant’s DA Form 1577, there are no orders for the Expert Infantryman Badge in the available records. There is no evidence of record which shows that he met the qualifications for award of the Expert Infantryman Badge. Therefore, the Board determined that there is insufficient evidence on which to base award of the Expert Infantryman Badge in this case.

11. The Board noted the document titled “Record of Medals” provided by the applicant. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

12. The applicant’s contention that he is entitled to one Overseas Service Bar is supported by the evidence of records. The applicant served in Vietnam from
12 February 1969 through 9 August 1969. Therefore, the applicant is entitled to correction of his DD Form 214 to show one Overseas Service Bar.

13. Although the applicant contends that he is entitled to a Meritorious Unit Commendation, evidence of record shows that the applicant’s unit was not cited for award of the Meritorious Unit Commendation while he was assigned to it. Therefore, the Board determined that there is insufficient evidence on which to base award of the Meritorious Unit Commendation.

14. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

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

         a. by deleting the entries, “Purple Heart” and “Army Commendation Medal” from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned;

         b. by adding the entries, “Purple Heart (First Oak Leaf Cluster)”, “Army Commendation Medal with “V” Device (First Oak Leaf Cluster)”, “Combat Infantryman Badge”, “Republic of Vietnam Gallantry Cross with Palm Unit Citation”, “Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation” and “One Overseas Service Bar” in item 24 on his DD Form 214.

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

BOARD VOTE:

JL______ JNS____ TLP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Joann Langston_________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002067879
SUFFIX
RECON
DATE BOARDED	20020509
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0018
3.	107.0000
4.
5.
6.