PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 October 2002
         DOCKET NUMBER: AR2002069325


         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. Karol A. Kennedy		Chairperson
Mr. Thomas A. Pagan		Member
Ms. Barbara J. Lutz		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 records be corrected to show that he was awarded the Purple Heart and two Bronze Star Medals. He asks that he be issued a DD Form 215 (Correction to DD Form 214) listing all of his awards not currently listed on his DD Form 214 (Report of Transfer or Discharge).

3. The applicant offers no comments or argument but submits copies of two general orders awarding him the Army Commendation Medal and the Air Medal, that are already a part of his official record.

4. The applicant’s military records show that he entered active duty on 18 April 1969. He completed infantryman training and was assigned to Vietnam where he served from 2 December 1969 through 7 November 1970. During his service in Vietnam, he served first with Company B, 1^st Battalion, 35^th Infantry Regiment 4^th Infantry Division from 13 December 1969 through 7 March 1970 and then with Company C, 1^st Battalion, 12^th Infantry Regiment, 4^th Infantry Division from 8 March 1970 through 7 November 1970.

5. His conduct and efficiency were reported as excellent and he was separated with an honorable characterization of service, as an overseas returnee, on 10 November 1970 with a rank of specialist four (E-4).

6. The applicant's DD Form 214 lists his awards and decorations as the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge and the Sharpshooter Qualification Badge with Rifle Bar.

7. The applicant's record contains copies of orders showing that the applicant was awarded the following additional awards and decorations: the Air Medal, the Sharpshooter Qualification Badge with Machinegun Bar, and the Marksman Qualification Badge with Rifle Bar.

8. In the processing of this case the unit records for Company B, 1^st Battalion, 35^th Infantry Regiment, 4^th Infantry Division and Company C, 1^st Battalion, 12^th Infantry Regiment, 4^th Infantry Division were reviewed. These records failed to identify the applicant being entitled to either of the awards he is requesting.

9. 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 to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. 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.

b. 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.

c. Paragraph 4-1 provides for award of the Good Conduct Medal. That paragraph states 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.

d. Paragraph 6-7 provides for award of bronze service stars. That paragraph authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: Vietnam Winter-Spring 1970, Sanctuary Counteroffensive and Counteroffensive Phase VII.

e. Chapter 9 sets forth the provisions for award and wearing of foreign awards and decorations. It states that the Vietnam Campaign Medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

10. 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 units, to which the applicant was assigned, were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 to 10 October 1970 by Department of the Army General Order Number 52, dated 1971.

CONCLUSIONS:

1. The applicant has provided no evidence nor does the record contain any documentation to support award of either the Bronze Star Medal or the Purple Heart.
2. He distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his personal decorations. It is appropriate to award the applicant the Good Conduct Medal for his period of service from 18 April 1969 through 10 November 1970.

3. The applicant was awarded or is entitled to the Air Medal, the Vietnam Service Medal with 3 bronze service stars, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Qualification Badge with Machinegun Bar, and the Marksman Qualification Badge with Rifle Bar. It is appropriate that these awards be added to his DD Form 214.

4. 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 amending the DD Form 214 for the individual concerned by showing that, in addition to the awards currently shown, he is authorized the Air Medal, the Good Conduct Medal, the Vietnam Service Medal with 3 bronze service stars, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Qualification Badge with Machinegun Bar, and the Marksman Qualification Badge with Rifle Bar.

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


BOARD VOTE:

_KAK____ __TAP__ __BJL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Karol A. Kennedy_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069325
SUFFIX
RECON
DATE BOARDED	200210290
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT (partial/plus)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0014
3.	107.0018
4.
5.
6.