PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002071205


         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
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Hubert O. Fry		Member
Ms. Gail J. Wire		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, the Combat Infantryman Badge, and the "Expert Rifle Badge" for qualifying with the M-16 Rifle (correctly known as the Expert Marksmanship Qualification Badge with Rifle Bar). He also requests correction of his records to show his rank as sergeant (SGT).

3. The applicant states that his discharge records do not reflect these awards. He states that he was medically evacuated after being wounded in Vietnam on 23 June 1968 (sic 1967) and his records were not properly annotated when he was evacuated. He further states that he completed the Combat Leadership Noncommissioned (NCO) Officer Course on 16 June 1967 and was told that his orders for SGT were approved the day he was wounded and evacuated. In support of his application, he submits a copy of his DD Form 214, a certificate showing he completed the Combat Leadership NCO Course, Original Disability Compensation from the Department of Veterans Affairs, and orders awarding him the Purple Heart.

4. The applicant’s military records show that he was inducted in the Army on 3 December 1965. He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in Vietnam from 8 September 1966 through 15 August 1967 and was honorably released from active duty on 15 February 1968.

5. The applicant's DD Form 214 does not show the Purple Heart, the Combat Infantryman Badge, or the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6. The applicant provided a copy of Headquarters, 67th Evacuation Hospital General Orders Number 145, dated 1 July 1967, which awarded him the Purple Heart for wounds received in action on 23 June 1967.

7. Records show the applicant was assigned to Troop D, 1st Squadron, 10th Cavalry, 4th Infantry Division in an infantry duty position during combat in Vietnam. Troop D contained an infantry unit called the aero-rifle platoon.

8. There are no orders in the applicant's personnel records which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. His DA Form 20 (Enlisted Qualification Record) shows he qualified as a Sharpshooter with the M-14 and M-16 Rifle. There is no evidence available to the Board which shows he qualified as Expert with the M-16 Rifle.

9. The Board noted that the applicant is entitled to the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

10. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. Item 39 (Campaigns) on the applicant's DA Form 20 shows he received credit for participation in the Vietnam Counteroffensive, Phase II Campaign. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he also participated in the Vietnam Counteroffensive, Phase III Campaign.

11. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on the Department of the Army General Orders Number 8, dated 1974.

12. The applicant's DD Form 214, which was authenticated in his own hand, shows he was released from active duty in the rank of specialist four (SP4)/pay grade E-4 with an effective date of pay grade of 15 November 1966. His personnel records contain Headquarters, U.S. Army Armor Center Special Orders Number 33, dated 13 February 1968, which released him from active duty in the rank of SP4/pay grade E-4. Item 33 (Appointments and Reductions) on his DA Form 20 shows he was promoted to SP4 with a date of rank of 15 November 1966. There is no evidence of record which shows the applicant was promoted to SGT.

13. 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.

14. 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.

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 appropriate service medal.

16. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 5a (Grade, Rate or Rank) and 5b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.

CONCLUSIONS:

1. Orders show the applicant was awarded the Purple Heart for wounds he sustained in action on 23 June 1967. Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2. Evidence of record shows that the applicant was awarded an infantry MOS and served in an infantry platoon of the 1st Squadron, 10th Cavalry during combat in Vietnam. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

3. The Board noted the applicant's request for the "Expert Rifle Badge" for qualifying with the M-16 Rifle. However, there is no evidence of record, and the applicant has provided no evidence which shows he qualified as Expert with the M-16 Rifle. Therefore, there is no basis for awarding him the Expert Marksmanship Qualification Badge with Rifle Bar.

4. The Board considered the applicant's statement that he was told that orders promoting him to SGT were approved the day he was wounded and evacuated from Vietnam. However, there are no orders in the applicant's records which show he was promoted to SGT. The applicant signed his discharge document which attested that he was released from active duty in the rank of SP4/pay grade E-4. Therefore, there is no basis for amending his DD Form 214 to show his rank as SGT.

5. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

6. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 will be amended to show this foreign unit award.

7. 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:
a. by deleting the Vietnam Service Medal from the DD Form 214 of the individual concerned; and

b. by showing he was awarded the Purple Heart, the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, 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:

JLP_____ HOF____ GJW____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071205
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020723
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.