PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 June 2002
         DOCKET NUMBER: AR2002068627


         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. Robert J. McGowan		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Ms. Kathleen A. Newman		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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his primary military occupational specialty (MOS) was 11B (Infantryman), not 11C (Indirect Fire Crewman), and that he be awarded the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

3. The applicant states that he has a CIB in his possession and that he was wounded by a "punji stake."

4. The applicant’s military records show that he enlisted in the Regular Army for a period of 2 years on 10 July 1969. He received basic combat training at Fort Ord, California, followed by on-the-job training (OJT) in MOS 76A (Supply Clerk). He was subsequently transferred to Fort Benning, Georgia, where he underwent basic airborne training. After receiving the Parachutist Badge, he was then transferred to Fort Bragg, North Carolina, for a 5-month assignment with the 82nd Airborne Division.

5. The applicant was reassigned to Vietnam, arriving there on 27 August 1970. He was assigned to Company D, 4th Battalion, 503rd Infantry, 173rd Infantry Brigade in MOS 11B from 3 September 1970 to 27 February 1971. He was then reassigned to Co E, 4th Battalion, 503rd Infantry, 173rd Infantry Brigade, first in MOS 76A for 1 month, then in MOS 11C for 2 months; he actually served as a radio operator and an ammunition bearer during this 2-month period. During his Vietnam service, the applicant received orders awarding him the Army Commendation Medal (ARCOM) and the CIB. There is no record that he was ever wounded while in Vietnam and his name does not appear on the Vietnam Casualty List.

6. The applicant departed Vietnam on 6 July 1971 and returned to the United States at Fort Lewis, Washington. He was separated with an honorable discharge on 16 July 1971. His DD Form 214 shows that his primary MOS was 11C and that he was awarded the ARCOM, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal. It does not reflect his Vietnam service in Item 30 (Remarks).

7. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

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8. AR 600-8-22 provides that the Good Conduct Medal (GCMDL) 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. Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond.

9. 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 cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Orders Number 51, dated 1971. It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal Unit Citation for the period 15 April 1969 to 16 March 1971 by Department of the Army General Orders Number 5, dated 1973.

10. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, 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 service medal. The applicant served in Vietnam during two campaigns and is entitled to 2 bronze service stars on his Vietnam Service Medal.

11. AR 600-8-22, in pertinent part, sets forth requirements for award of 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. The applicant's records contain orders awarding him the Sharpshooter Qualification Badge with Rifle M-16 Bar, and the Marksman Qualification Badge with Rifle M-14 Bar.

12. AR 635-5 (Separation Documents), then in effect, required that the primary MOS code and description be entered in Item 23a of DD From 214.

CONCLUSIONS:

1. The applicant was not school-trained in any MOS, but he received OJT in MOS 76A. He served in combat in MOS 11B and MOS 11C and was awarded the CIB. His longest stint in any of his three MOS's was in MOS 11B; he spent the least amount of time in MOS 11C, but this is the MOS listed on his DD Form 214.
2. In view of his not having received formal training as a Supply Clerk, and in recognition of his longest period of continuous service as a combat infantryman, his MOS should be reflected as 11B, Infantryman, on his DD Form 214.

3. The applicant's records do not reflect that he was ever wounded while serving in Vietnam. Neither his DA Form 20 (Enlisted Qualification Record), nor his Standard Form 88 (Report of Medical Examination) completed during his separation physical examination reflects any wounds. There are no orders in his records awarding him the PH. Furthermore, his name does not appear on the Vietnam Casualty List.

4. The applicant's DD Form 214 does not properly reflect all of the awards to which the applicant is entitled. His Vietnam Service Medal should reflect two bronze service stars, and his Vietnam Campaign Medal should reflect a Device (1960). Additionally, he should be entitled to a: Good Conduct Medal for his service from 10 July 1969 through 16 July 1971; CIB; Parachutist Badge; Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation Badge; Sharpshooter Qualification Badge with Rifle M-16 Bar; and a Marksman Qualification Badge with Rifle M-14 Bar. Further, his Vietnam service from 27 August 1970 to 6 July 1971 is not reflected in Item 30.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214):

a. Deleting, in Item 23a, the entry "11C2P Ind Fire Crmn" and adding the entry "11B2P INFANTRYMAN";

b. Deleting, in Item 24, the entries "VSM" and VCM" and adding the entries "VIETNAM SERVICE MEDAL W/TWO BRONZE SERVICE STARS//
REPUBLIC OF VIETNAM CAMPAIGN MEDAL W/ DEVICE (1960)//GOOD CONDUCT MEDAL//PARACHUTIST BADGE//COMBAT INFANTRYMAN BADGE//REPUBLIC OF VIETNAM GALLANTRY CROSS W/PALM UNIT CITATION BADGE//REPUBLIC OF VIETNAM CIVIL ACTIONS HONOR MEDAL, FIRST CLASS UNIT CITATION BADGE//SHARPSHOOTER QUALIFICATION BADGE W/RIFLE M-16 BAR//MARKSMAN QUALIFICATION BADGE W/RIFLE M-14 BAR"; and

         c. Deleting, in Item 30, "VN SERVICE: NVAL//" and adding "VIETNAM SERVICE: 27 AUG 70 - 6 JUL 71//NOTHING FOLLOWS//."

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

BOARD VOTE:

___inw__ __kan___ __rtd___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Irene N. Wheelwright
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068627
SUFFIX
RECON
DATE BOARDED	20020627
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	100.0500
2.	107.0015
3.	107.0056
4.	107.0111
5.	107.0120
6.	107.0094