PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 May 2002
         DOCKET NUMBER: AR2002068181


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Thomas Lanyi		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, in effect, correction of his records to show all the awards and medals to which he is entitled for his service in Vietnam.

3. The applicant states in a two-page addendum to his application that he is entitled to the Bronze Star Medal, a second award of the Armed Forces Expeditionary Medal for service with the 51st Army Security Agency Special Operations Command on Okinawa, the first award of the Armed Forces Expeditionary Medal for service in the Dominican Republic, award of the Meritorious Unit Commendation for his service in the Dominican Republic, a second award of the Meritorious Unit Commendation for his service in Vietnam, the Presidential Unit Citation (with Three Oak Leaf Clusters) received during service in the 265th Army Security Agency (ASA) [also correctly known as the 265th Radio Research Company], two awards of the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4. In support of his application, the applicant submitted Headquarters, 301st ASA Battalion Special Orders Number 124, dated 20 September 1967, which reassigned him to Fort Campbell, Kentucky; Headquarters, 301st ASA Battalion Special Orders Number 85, dated 26 June 1967, which assigned him to hazardous duty as a parachutist; Headquarters, 301st ASA Battalion Letter Orders 5-17-67, dated 25 May 1967, sending him in a temporary duty (TDY) status to Fort Benning, Georgia, to attend the basic airborne course; Headquarters, 51st United States ASA Special Operations Command Special Orders Number 247, dated 23 November 1966, which reassigned him to the 301st ASA Battalion; Headquarters, 51st United States ASA Special Operations Command Special Orders Number 175, dated 2 September 1965, which reassigned him to Company B of the 51st ASA Special Operations Command; a copy of a DD Form 149 (Application for Correction of Military Records), dated 12 December 2000, a 12 December 2000 letter from the Department of Alabama Disabled American Veterans; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 24 January 1969; a copy of a National Guard Bureau Form 22 (Report of Separation and Record of Service) with a date of discharge of 22 February 1974; U.S. Army Administration Center Letter Orders 01-10003939, dated 13 January 1971; which discharged him from the U.S. Army Reserve; Headquarters, 303d Radio Research Battalion Letter Orders Number 2-45-68, dated 29 February 1968, which placed the applicant in a TDY status to escort the remains of his brother to the United States; a 12 May 1968 request by the applicant for a compassionate reassignment to Fort McClellan, Alabama; a DA Form 2479 (Application for Compassionate Reassignment, dated 12 March 1968; one page of a letter, dated 3 August 1968 and unsigned, to an unidentified person; a message, dated 25 March 1968 reassigning the applicant to Fort McClellan; a 17 March 1993 Department of Veterans Affairs (DVA) letter approving disability compensation for the applicant at the 10 percent rate for post traumatic stress disorder (PTSD); the applicant’s appeal of the DVA rating for PTSD; a 24 September 1999 DVA rating decision; and a 20 August 1999 DVA hospital outpatient discharge summary.

5. The applicant’s military records show that he entered active duty on 27 January 1965 and served in military occupational specialty (MOS) 72B (Communications Center Specialist). His DA Form 20 (Enlisted Qualification Record) shows that he served in Okinawa from 27 July 1965 through 20 January 1967 and in Vietnam from 5 December 1967 through 29 February 1968. The applicant was honorably separated from active duty on 24 January 1969.

6. The applicant’s DD Form 214 shows in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entries for the Vietnam Service Medal, the National Defense Service Medal, the Good Conduct Medal (First Award), the Expert Marksmanship Badge (M-16 Rifle), the Sharpshooter Marksmanship Badge (M-14 Rifle) and the Parachutist Badge.

7. The applicant’s DD From 214 does not show award of the Bronze Star Medal. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal and there is no evidence of a recommendation for award of the Bronze Star Medal to the applicant. His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 41 (Awards and Decorations) for award of the Bronze Star Medal.

8. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). His separation medical examination does not show scars to the chin from a bullet or from fragments to the left leg as claimed. His separation medical examination also does not show any scars or injuries consistent with the applicant’s claim that he was driving a jeep which was struck by a rocket propelled grenade or hit a mine.

9. The applicant’s DD Form 214 does not show award of the Combat Infantryman Badge. There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge. The applicant’s DA Form 20 does not show an entry in item 41 (Awards and Decorations) for award of the Combat Infantryman Badge. There also is no evidence that the applicant served in an infantry duty position in an infantry unit in ground combat with the enemy in Vietnam. Evidence of record does show that he served as a communications center operator throughout his period of service in Vietnam.

10. The applicant’s DD Form 214 does not show award of the Armed Forces Expeditionary Medal. There is no evidence the applicant was awarded the Armed Forces Expeditionary Medal or served a period of qualifying service for the Armed Forces Expeditionary Medal in the Dominican Republic. There is no evidence that the Armed Forces Expeditionary Medal was awarded for service on Okinawa.

11. The applicant’s DD Form 214 does not show award of the Presidential Unit Citation. There is no evidence the applicant was a member of a unit which was cited for award of the Presidential Unit Citation. 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 in Vietnam, the 265 Radio Research Company, was not cited for award of the Presidential Unit Citation.

12. The applicant’s DD Form 214 does not show award of the Meritorious Unit Commendation. However, Department of the Army Pamphlet 672-3 shows that the unit, to which the applicant was assigned in Vietnam, was cited for award of the Meritorious Unit Commendation for actions during the period 1 August 1967 to 31 July 1968 by Department of the Army General Orders Number 28, dated 1969.

13. The applicant’s DD Form 214 does not show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. However, Department of the Army Pamphlet 672-3 shows that the unit, to which the applicant was assigned in Vietnam, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

14. The applicant’s DD Form 214 does not show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Department of the Army Pamphlet 672-3 shows the unit, to which the applicant was assigned in Vietnam, the 265 Radio Research Company, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, but not during the period of the applicant’s service in that unit.

15. Army Regulation 600-8-22 (Military Awards) provides 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. Paragraph 1-25 of Army Regulation 600-8-22 also provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

16. 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, and the medical treatment must have been made a matter of official record. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

17. 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.

18. Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations. Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations. The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met. The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22.

19. The governing regulation for award of the Armed Forces Expeditionary Medal does show that it was awarded for service in the Dominican Republic from 28 April 1965 to 21 September 1966.

20. The governing regulation for award of the Armed Forces Expeditionary Medal does not show that it was awarded for service in Okinawa.

CONCLUSIONS:

1. The Board considered the applicant’s request for award of the Bronze Star Medal and his contention that the company commander and the first sergeant were too busy to publish the orders.

2. Based on the regulation governing awards and decorations, award of the Bronze Star Medal required a recommendation submitted through the chain of command, approval by the General Officer granted authority to approve awards of the Bronze Star Medal, and publication of General Orders authorizing the award to be presented and worn by the individual. In the absence of any evidence that the applicant was recommended for award of the Bronze Star Medal or that orders were published authorizing him this award, there is insufficient evidence upon which to award the Bronze Star Medal to him at this time.

3. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. The applicant’s separation medical examination does not show any evidence of residuals of wounds which the applicant claimed to have sustained during his service in Vietnam. In view of these facts, there is insufficient evidence upon which to base award of the Purple Heart at this time.

4. Award of the Combat Infantryman Badge during the Vietnam War required the recipient to have an infantry MOS and be serving in an infantry duty position in an infantry unit in ground combat with the enemy. There are no orders which entitle the applicant to award of the Combat Infantryman Badge. Evidence of record in this case shows that the applicant served in a communications MOS in an Army Security Agency unit; therefore, he was not eligible for award of the Combat Infantryman Badge during his service in Vietnam and there is no basis to award the Combat Infantryman Badge to him at this time.

5. The Board considered the applicant’s contentions that he was entitled to two awards of the Armed Forces Expeditionary Medal. Although the Armed Forces Expeditionary Medal was authorized for service in the Dominican Republic from 28 April 1965 to 21 September 1966, there is no evidence that the applicant performed qualifying service in the Dominican Republic during the period of eligibility for this service medal.

6. The Board noted the applicant’s contention that he was entitled to the Armed Forces Expeditionary Medal for his service on Okinawa from 28 July 1965 to 20 January 1967. However, the regulation governing award of the Armed Forces Expeditionary Medal does not show that it was authorized for service on Okinawa during this period.
7. The Board considered the applicant’s contention that he was entitled to the Presidential Unit Citation (with Three Oak Leaf Clusters). There is no evidence that the 265th Radio Research Company was cited for any awards of the Presidential Unit Citation during the applicant’s assignment to that unit or that the unit was cited for award of the Presidential Unit Citation at any time during operations in Vietnam. Therefore, there is no evidence upon which to base the applicant’s entitlement to award of the Presidential Unit Citation.

8. The Board considered the applicant’s contention that he was entitled to two awards of the Meritorious Unit Commendation. There is no evidence of record that the applicant was a member of a unit cited for award of the Meritorious Unit Commendation during operations in the Dominican Republic. Therefore, there is no evidence upon which to base the applicant’s entitlement to award of the Meritorious Unit Commendation for operations in the Dominican Republic.

9. Evidence of record shows that the applicant was a member of the 265th Radio Research Company when it was cited for award of the Meritorious Unit Commendation during operations in Vietnam. Therefore, he is entitled to correction of his records to show this unit award.

10. Evidence of record shows that the applicant was a member of the 265th Radio Research Company when it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during operations in Vietnam. Therefore, he is entitled to correction of his records to show this unit award.

11. The Board considered the applicant’s contention that he was entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The applicant was not a member of the 265th Radio Research Company when it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. There is no evidence of record that the applicant was a member of any other unit cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam. Therefore, there is no evidence upon which to base the applicant’s entitlement to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

12. 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 by showing that the individual concerned was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__BJE___ __JLP___ __TL__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. Jennifer L. Prater__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068181
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020521
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.