PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 August 2002
         DOCKET NUMBER: AR2002071820


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Lester Echols		Member
Ms. Margaret V. Thompson		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 reflect his awards of the Purple Heart and the Combat Infantryman Badge (CIB).

3. The applicant states that he was wounded in Vietnam on 6 October 1965 and was awarded the Purple Heart and the CIB; however, those awards were never included on his report of separation (DD Form 214).

4. The applicant’s military records show that he enlisted on 23 December 1964 for a period of 3 years and airborne training. He successfully completed his training and was transferred to Vietnam on 11 July 1965, for duty as an infantry direct fire crewman with the 503^rd Infantry Regiment.

5. On 6 October 1965, while on a search and destroy mission, the applicant received metal fragment wounds to the chest when hostile artillery rounds exploded in the area. He was initially treated at the 3^rd Mobile Army Surgical Hospital in Vietnam, then was transferred to Tripler Army Medical Center in Hawaii and then transferred to Walter Reed General Hospital in Washington, D.C. He was then transferred to Fort Bragg, North Carolina, where he was promoted to the pay grade of E-5 on 27 September 1966. He remained at Fort Bragg until he was again transferred to Vietnam on 16 March 1967. He was assigned to Headquarters and Headquarters Company, 1^st Brigade, 101^st Airborne Division, for duty as an infantry operations and intelligence specialist.

6. He departed Vietnam on 15 December 1967 for Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) on 18 December 1967, as an overseas returnee. He had served 2 years, 11 months and 26 days of total active service and was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his statutory service obligation. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Bronze Star Medal and the Parachutist Badge.

7. A review of his records fails to show orders for awards of the Purple Heart or the CIB. However, his records do show that he was awarded the Republic of Vietnam Civil Actions Honor Medal – Second Class (RVNCAHM-SC) Unit Citation on 7 July 1968 and on 28 November 1984, the Reserve Component Personnel Administration Center in St. Louis, Missouri, authorized the issuance of the Purple Heart and CIB to the applicant. However, those awards were never included on his DD Form 214. His records also show that he had excellent conduct and efficiency ratings throughout his service and his record is absent any disciplinary action or derogatory information.


8. Army Regulation 600-8-22 outlines the criteria for award of the Good Conduct Medal (GCMDL). It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL. Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Presidential Unit Citation (PUC) for the period he served with the unit.

10. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB. It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.

11. That regulation also provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

12. Army Regulation 672-5-1 also provides a list of campaigns conducted and shows that the applicant was authorized to be credited with participation in three separate campaigns.

CONCLUSIONS:

1. Although there are no orders in the available records to document his awards of the Purple Heart and CIB, there is sufficient evidence available to show that he was wounded in action against the enemy while serving as an infantryman in an infantry unit in Vietnam on 6 October 1965 and that he was treated for those wounds. Accordingly, it is reasonable to believe that he was in fact awarded the Purple Heart and CIB as he claims, and that the omission of those awards from his records was the result of an administrative oversight. Therefore, the Board finds that it would be in the interest of justice to correct that error at this time by showing that he was awarded the Purple Heart and CIB.

2. Although awarded subsequent to his departure, the applicant was also entitled to be awarded the RVNGC w/Palm Unit Citation and the PUC. Therefore, it would be appropriate to do so at this time.

3. The applicant was also awarded the RVNCAHM – SC Unit Citation and that award should also be added to his records.

4. The applicant also participated in three campaigns and is authorized to be issued three bronze service stars for wear on his already awarded Vietnam Service Medal. Accordingly, it would be appropriate to do so at this time.

5. The Board also notes that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL. Therefore, it would be in the interest of justice to award him the GCMDL for the period of 23 December 1964 to 18 December 1967.

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

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

a. by awarding the individual concerned the GCMDL for the period of 23 December 1964 to 18 December 1967.

         b. by awarding him the RVNGC w/Palm Unit Citation, the PUC and three bronze service stars for wear on his already awarded Vietnam Service Medal, and;

         c. by showing that he was awarded the Purple Heart, the CIB and the RVNCAHM – SC Unit Citation.

BOARD VOTE:

__mvt___ ___le ___ ___rjw___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond J. Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071820
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/08/08
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 189	110.0000/CORR 214
2. 46	107.0000/DECORATIONS/AWDS
3.
4.
5.
6.