PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 April 2002
         DOCKET NUMBER: AR2002069889


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Ronald E. Blakey		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 record be corrected to show he was awarded the Parachutist Badge, Combat Infantryman Badge (CIB), Purple Heart (PH), Bronze Star Medal (BSM), and Silver Star (SS).

3. The applicant states, in effect, that he was awarded the following awards in the month and year indicated: Parachutist Badge, April 1967; PH, March 1967; CIB, February 1968; BSM, June 1968; and SS, September 1968; and that these awards were erroneously left off his record and separation document (DD Form 214). He also claims that he fought in the TET Offensive in the Republic of Vietnam (RVN) in 1968.

4. The applicant’s military records show that he was inducted into the Army of the United States and entered active duty on 25 November 1966. Upon successful completion of basic combat training at Fort Dix, New Jersey, he was assigned to Fort Benning, Georgia, to attend the basic airborne course. In September 1967, he successfully completed this course and was awarded the Parachutist Badge in Special Orders Number 99, dated 27 September 1967.

5. The applicant was assigned to Fort Campbell, Kentucky, for his first permanent duty station, and arrived there for duty in May 1967. He successfully completed the Ordnance Supply and Parts Course. As a result, on 31 July 1967, he was awarded the military occupational specialty (MOS) 76P (Stock Control Account Specialist).

6. While assigned to Fort Campbell, the applicant served in Headquarters and Headquarters Company (HHC), 326^th Engineer Battalion, 101^st Airborne Division, performing duties as an Ordnance Supply Specialist. In November 1968, this unit was reassigned to the RVN, and the applicant moved on this reassignment with his unit. He remained assigned to this same unit performing the same duties, as an Ordnance Supply Specialist, throughout his tour in the RVN.

7. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 23 November 1967 through 7 November 1968, and during this tour he was credited with participating in five campaigns, which included the TET Counteroffensive. However, Item 40 (Wounds) is blank and contains no entry indicating that the applicant was wounded in action while serving in the RVN. Item 41 (Awards and Decorations) contains the following list of awards he earned during his active duty tenure: Parachutist Badge; National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Vietnam Campaign Medal (VCM) with Device 1960, and Army Commendation Medal (ARCOM). Item 41 confirms that he was awarded the Parachutist Badge on
26 April 1967, in Special Orders (SO) Number 99. However, the CIB and PH were not included in the list of earned awards contained in the DA Form 20.

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8. The applicant’s Military Personnel Records Jacket (MPRJ) is void of any award recommendations, orders, or other documents that would indicate the applicant was recommended for, awarded, or entitled to receive the CIB, PH, BSM, or SS. The MPRJ is also void of any derogatory information or a specific disqualification from any of the applicant’s active duty unit commanders that would disqualify him from receiving the Army Good Conduct Medal (AGCM).

9. The DD Form 214 issued to and authenticated by the applicant on the date of his separation from active duty, 14 November 1968, confirms that he was honorably separated after completing a total of 1 year, 11 months, and 20 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows that during his active duty tenure, he earned the NDSM; VSM; VCM; and ARCOM. The Parachutist Badge, CIB, PH, BSM, and SS were not included in this list of authorized awards included in the separation document.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is authorized to members who are wounded in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained in action. The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

11. Paragraph 2-13 contains guidance on awarding the VSM and it states, in pertinent part, that 1 bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN. It also specifies that a silver service star is authorized to denote participation in five campaigns, in lieu of 5 bronze service stars.

12. Chapter 4 prescribes the policy for award of the AGCM and it states that this award is for awarded for a period of exemplary behavior, efficiency, and fidelity in active Federal military service. For the first award only, a period of more than
1 year is considered a qualifying period, if given at the termination of a period of active Federal service. It is the decision of the unit commander to award the AGCM, however, a specific disqualification action must be taken to deny the award.

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13. Chapter 8 contains guidance on awarding Badges and Tabs. Paragraph
8-6 contains the criteria for awarding the CIB. It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.

14. Paragraph 8-11 contains guidance on awarding the basic Parachutist Badge and it states, in pertinent part, that to be eligible for award of the basic Parachutist Badge, an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School.

15. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that the applicant’s unit, the 326^th Engineer Battalion, earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure with the unit in the RVN.

16. Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he was awarded the Parachutist Badge and it finds this claim has merit. However, the Board finds insufficient evidence to support the applicant’s claim that he was also entitled to and awarded the CIB and the PH.

2. The evidence of record confirms that the applicant successfully completed the basic airborne course, and as a result was awarded the Parachutist Badge on
26 April 1967. Therefore, the Board concludes it would be appropriate to add this award to his separation document at this time.

3. By regulation, a member must hold an infantry MOS, serve in an infantry unit, and be personally present with this unit while it is engaged in action against the enemy in order to qualify for award of the CIB. The record confirms that the applicant held the MOS 76P, a non-infantry MOS, and performed duties as an Ordnance Supply Specialist during his assignment tenure in the RVN. Therefore, it finds no basis for awarding him the CIB.

4. By regulation, in order to award the PH, it is necessary to prove a soldier was wounded or injured in action, was treated for the wound by military medical personnel, and this medical treatment must have been made a matter of official record. There is no evidence of record or independent evidence that shows that the applicant was ever wounded or injured in action or that he was ever treated by military medical personnel for a wound or injury received in action. Therefore, the Board finds there is insufficient evidence to satisfy the regulatory burden of proof necessary to award the PH in this case.

5. During the review of the case, the Board discovered that the applicant was entitled to other awards not included in his request. His separation document confirms that he completed a total of 1 year, 11 months, and 20 days of honorable active military service, from 25 November 1966 through 14 November 1968, which is a qualifying period for the first award of the Army Good Conduct Medal. Lacking a specific unit commander disqualification, and absent any derogatory information on file that would preclude him from receiving the award, the Board concludes it would be appropriate for him to receive this award at this time.

6. In addition, the record confirms the applicant participated in five campaigns while serving in the RVN and therefore, he is entitled to 1 silver service star with his Vietnam Service Medal. Further, during his tenure of assignment, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, the Board concludes it would also be appropriate to add these awards to his record.

7. The Board elects not to evaluate the applicant’s claim of entitlement to the BSM and SS because he has yet to exhaust the administrative remedy available to him under the provisions of 10 USC 1130. This law allows for the consideration of awards not submitted within the proper timeframes. However, while it allows this consideration, it does not eliminate the need for these awards to be processed under normal submission procedures and criteria. If the applicant elects to pursue his claim of entitlement to the BSM and SS by pursuing this administrative remedy, the packet he submits through a Member of Congress should include a separate award recommendation (DA Form 638) for the each of the awards in question, in this regard, anyone with first hand knowledge of his actions may recommend him for an award.
8. The applicant should include a narrative of the actions performed, including the date of the action, for which the award is recommended with any award recommendation he submits through a Member of Congress, along with any sworn affidavits, sworn eyewitness statements, and related unit historical documents that support the award. If after exhausting this administrative remedy, the awards in question are denied, and the applicant still believes that he is entitled to the awards in question, he may reapply to this Board with proof of the denial.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Army Good Conduct Medal, for his qualifying period of honorable service from 25 November 1966 through 14 November 1968; and by issuing him a corrected separation document that amends Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to list all the awards he earned on active duty as follows: National Defense Service Medal; Parachutist Badge; Army Commendation Medal; Army Good Conduct Medal; Vietnam Service Medal with 1 silver service star; Republic of Vietnam Campaign Medal with 1960 Device; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2. That the portion of the application pertaining to the award of the Combat Infantryman Badge and Purple Heart be denied.

BOARD VOTE:

__FNE__ __BJE__ __REB___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069889
SUFFIX
RECON
DATE BOARDED	2002/04/18
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1968/11/14
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Overseas Returnee
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2.
3.
4.
5.
6.