PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 July 2002
         DOCKET NUMBER: AR2002069592


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Ted S. Kanamine		Chairperson
Mr. John T. Meixell		Member
Mr. Harry B. Oberg		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, that his DD Form 214 be corrected to show award of the Purple Heart and the Bronze Star Medal.

3. The applicant states, in effect, that he did in fact receive them but they do not appear on his DD Form 214. Because they are not shown on his DD Form 214, he is experiencing difficulties with his Veterans Administration (VA) Benefits. The applicant adds that he, "never realized this information would be needed to receive VA benefits which have everything to do with his livelihood at this time." The applicant submitted a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, with an effective date of 28 September 1969, to support his contention.

4. The applicant’s military records show that the applicant enlisted in the Army on 18 January 1965. He received his Basic Combat Training at Fort Leonard Wood, Missouri, and received Advanced Individual Training at Fort Sill, Oklahoma. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 13A (Cannoneer).

5. In September 1965, the applicant was assigned to Germany as his first duty station. In January 1966, he was reassigned and he arrived in the Republic of Vietnam (RVN) on 13 March 1966. He was assigned to B Battery, 2^nd Battalion, 13^th Artillery, 23^rd Artillery Group of the II Field Forces-Vietnam. He served with that unit until 1 March 1967 when he returned to the United States at the completion of his overseas tour.

6. On 17 January 1968, he was honorably released from active duty in the rank and pay grade of Specialist, E-4, and was transferred to the United States Army Reserve Control Group (Reinforcement) to complete the remainder of his Universal Military Training and Service Act obligation. On the date of his separation, he had 3 years net active Federal service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following: "NDSM, RVNCM w/Dev-60, VSM w/Bronze Star (1), O/S Bar (1) (Vietnam), and the Marksman (Rifle)."

7. He served in the Reserve until 15 April 1968 when he was discharged for the purposes of reenlistment in the Army. He reenlisted in the Army on 16 April 1968 for a period of 3 years and training as a Military Police, MOS 95B.

8. In July 1968, the applicant completed his Military Police (MP) training and was assigned to Fort Leonard Wood, Missouri, to perform in this MOS. In January 1969, he was reassigned to Vietnam. He arrived in the Republic of Vietnam on

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25 February 1969 and was assigned to the 1^st Military Police Company, 1^st Infantry Division. He served with that unit until 26 September 1969 when he returned to the United States for the purpose of discharge.

9. On 28 September 1969, he was honorably discharged in the rank of Specialist, pay grade E-4. On the date of his separation, he had 1 year,
5 months and 13 days net active Federal service on this current enlistment.
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following: "National Defense Service Medal, Republic of Vietnam Campaign Medal, and the Vietnam Service Medal."

10. Item 40, Wounds, of both the applicant's DA Forms 20, Enlisted Qualification Record (one dated 8 September 1965 and the other dated 19 April 1968), does not show that he was wounded in action during either of his tours of duty in the Republic of Vietnam. Item 41, Awards and Decorations, of both these records, is void of an entry showing the applicant's entitlement to award of the Purple Heart. The applicant has provided no evidence that shows that he was awarded the Purple Heart, that he was wounded, or that he was treated for wounds received in action.

11. The Vietnam Casualty List was searched for any information that would support the applicant's contentions that he was wounded in action against an armed hostile enemy. The applicant's name does not appear on that listing.

12. Item 41, Awards and Decorations, of these same records, is void of an entry showing the applicant's entitlement to award of the Bronze Star Medal. There are no orders nor is there any evidence in his service personnel records, and the applicant has provided none, to show that he was awarded or recommended for award of the Bronze Star Medal during his two tours of duty in the Republic of Vietnam.

13. 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.

14. 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.



15. Army Regulation 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 Vietnam Service Medal. This regulation further states that a silver service star will be worn on the Vietnam Service Medal in lieu of five bronze service stars denoting participation in five campaigns.

16. 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.

17. 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.

18. 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 during his first tour of duty in the Republic of Vietnam, B Battery, 2^nd Battalion, 13^th Field Artillery, 23^rd Artillery Group, II Field Forces-Vietnam, a subordinate unit of the United States Army Vietnam, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period from 20 July 1965 through 28 March 1973 by Department of the Army General Orders 8, dated 1974 and the Meritorious Unit Commendation for the period from October 1965 thru November 1966 by Department of the Army General Orders 17, dated 1968. The applicant is entitled to these awards by virtue of having been assigned to this unit at or during the time the unit was cited for the award. These awards should therefore be shown on his DD Form 214.

19. The above Pamphlet also shows that the unit to which the applicant was assigned during his second tour of duty in the Republic of Vietnam, the 1^st Military Police Company of the 1^st Infantry Division, was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period from October 1965 through 7 April 1970 by Department of the Army General Order 53,dated 1970. The applicant is entitled to this award by virtue of having been assigned to this unit during the time the unit was cited for the award. This award should therefore be shown on his DD Form 214.



20. Army Regulation 670-1, in effect at the time, governed the requirements for the Overseas Service Bar. In pertinent part, it provided 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. One overseas service bar is authorized for each six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

21. Army Regulation 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.

CONCLUSIONS:

1. To be awarded the Purple Heart, the applicant would have to show that he was wounded and 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. The Vietnam Casualty Listing was searched for any evidence that the applicant was wounded while serving in the Republic of Vietnam. A record of his being wounded was not found and the applicant has not provided any evidence to support his contention that he is entitled to award of the Purple Heart. Therefore, no basis has been established for award of the PH.

2. There is no evidence of record, and the applicant has provided none, which shows that he was recommended for or awarded the Bronze Star Medal during his tours of duty in the Republic of Vietnam; therefore, the Board has determined that there is no basis upon which to make an entry showing the award of the Bronze Star Medal on his DD Form 214.

3. The evidence of record shows that the applicant participated in the following campaigns during his first tour of duty in the Republic of Vietnam: the Vietnam Counteroffensive, which extended from 25 December 1965 thru 30 June 1966 and the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 thru 31 May 1967. He is therefore entitled to two bronze service stars to be worn on his already awarded Vietnam Service Medal as opposed to the one bronze service star currently shown on his DD Form 214.

4. During his second tour of duty in the Republic of Vietnam, the applicant participated in the TET 69 Counteroffensive Campaign, which extended from
23 February 1969 thru 8 June 1969; the Vietnam Summer-Fall, 1969 Campaign,

which extended from 9 June 1969 thru 31 October 1969 and the Vietnam Winter-Spring, 1970 Campaign, which extended from 1 November 1969 thru 30 April 1970. By virtue of having participated in these three campaigns, and the two campaigns during his first tour of duty in Vietnam, the applicant is entitled to award of a silver service star which denotes five campaigns to be worn on his already awarded Vietnam Service Medal.

5. Throughout the period of his first enlistment, the applicant's Conduct and Efficiency were consistently rated as, "Excellent." There is no evidence of record
that would indicate any indiscipline or that any of his unit commanders disqualified him from award of the Army Good Conduct Medal. He is therefore entitled to award of the Army Good Conduct Medal for the period of service from 18 January 1965 through 17 January 1968.

6. The applicant served in a unit during his first tour of duty in the RVN that was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Meritorious Unit Commendation. He is therefore entitled to have these awards added to his DD Forms 214.

7. The applicant served with a unit during his second tour of duty in the RVN which was cited for award of the Republic of Vietnam Honor Medal, First Class Unit Citation. He is therefore entitled to have this award added to his DD Form 214 with an effective date of 28 September 1969.

8. The applicant qualified sharpshooter with the automatic rifle on 23 April 1968. This qualification is not shown on his DD Form 214 with an effective date of
28 September 1969. It would be appropriate to add it to his DD Form 214 at this time.

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

RECOMMENDATION:

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

         a. by awarding the applicant the Army Good Conduct Medal for the period from 18 January 1965 through 17 January 1968;

         b. by deleting the NDSM, VSM w/Bronze Star (1), the RVCM w/Dev 60, and O/S Bar (1)(Vietnam), and the Marksman (Rifle) entries from Item 24,
DD Form 214, with an effective date of 17 January 1968;

         c. by entering all awards earned by the applicant in Item 24, DD Form 214, with an effective date of 17 January 1968, as follows: Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device 60, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, two Overseas Service Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar;

         d. by deleting the National Defense Service Medal, Vietnam Service Medal and Vietnam Campaign Medal from Item 24, DD Form 214 with an effective date of 28 September 1969; and

e. by reentering the following to show all the awards the applicant earned during both his enlistment periods as follows: Good Conduct Medal; National Defense Service Medal; Vietnam Service Medal with 1 silver service star; Republic of Vietnam Campaign Medal with Device 60; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; Meritorious Unit Commendation; three Overseas Service Bars; Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar; and Marksman Marksmanship Qualification Badge with Rifle Bar.

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

BOARD VOTE:

__tsk___ __jtm___ __hbo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Ted S. Kanamine
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069592
SUFFIX
RECON
DATE BOARDED	20020711
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0014.0000
3.	107.0015.0000
4.
5.
6.