PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 August 2002
         DOCKET NUMBER: AR2002071940


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Raymond V. O'Connor, Jr.		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 correction of his military records to show that he was awarded the Purple Heart and all awards he is authorized.

3. The applicant states, in effect, that he is entitled to the Army Commendation Medal with "V" device and 1^st oak leaf cluster, the Combat Infantryman Badge, the Purple Heart, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal-First Class.

4. In support of his request the applicant submits a copy of a certificate showing that he was awarded the Purple Heart and a certificate and order showing that he was awarded the Army Commendation Medal with "V" device and 1^st oak leaf cluster.

5. The applicant’s military records show he was inducted into the Army on 17 March 1969. He completed infantryman training, and achieved the rank of specialist. He was placed on the Temporary Disability Retired List on 10 February 1971. His character of service was honorable; and he had completed a total of 1 year, 10 months and 23 days of creditable active service. The document does not reflect any lost time.

6. He served in Vietnam from 3 September 1969 through 5 June 1970, and was assigned to Company C, 5^th Battalion, 12^th Infantry, 199^th Infantry Brigade.

7. The applicant’s name is listed on the Vietnam Casualty Roster and he is listed as having been wounded in combat on 20 May 1970, by hostile forces.

8. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), signed by the applicant, reflects that he was awarded the Army Commendation Medal (but does not reflect the award of the "V" device and 1^st oak leaf cluster), the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), and the Sharpshooter (M-16 Rifle). The Purple Heart is not listed as an authorized award.

9. In the applicant's record is General Orders 3667, Headquarters, US Army, Vietnam, 10 August 1970, awarding him the Army Commendation Medal with 1^st oak leaf cluster and "V" device (to denote heroism).

10. The applicant’s DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), indicates he suffered a gunshot wound to the right foot on 20 May 1970. Item 41 (Awards and Decorations) does not reflect the Purple Heart as an authorized award. Awards listed in item 41, but not on his DD Form 214, are the 2^nd Class Gunner Badge M60 (now known as the Sharpshooter Marksmanship Qualification Badge with machinegun bar. Item 38 (Record of Assignments) reflects that his conduct and efficiency were rated as excellent.

11. Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

12. Army Regulation 600-8-22 (Military Awards) 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.

13. The same regulation provides that:

a. the bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In the applicant’s case, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal, for the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, and the DA Sanctuary Counteroffensive Campaigns.

b. the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty. 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.

c. the Army 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 Army Good Conduct Medal, disqualification must be justified.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, that the 5^th Battalion, 12^th Infantry, was awarded the Valorous Unit Award for the period 1 May 1979 through 29 June 1970 by Department of the Army General Orders 43, 1972, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970, by Department of the Army General Orders 51, 1971, and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation for the period April 1968 through 31 August 1970 by Department of the Army General Orders 51, 1971.
CONCLUSIONS:

1. The evidence of record shows that the applicant is entitled to the Purple Heart by virtue of the wounds he suffered in Vietnam on 20 May 1970, as authenticated by his listing on the Vietnam Casualty Roster and the Purple Heart award certificate. He is therefore entitled to have the award shown on his DD Form 214.

2. The record shows that the applicant is entitled to the Army Commendation Medal with "V" device and 1^st oak leaf cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, three bronze service stars to be worn on his Vietnam Service Medal, the Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with machinegun bar.

3. The record further shows that the applicant served in an infantry military occupational specialty and he engaged in active ground combat while assigned to an infantry unit of brigade or smaller size; therefore, he is entitled to have the Combat Infantryman Badge reflected on his DD Form 214.

4. Finally, his record shows that during his active duty from 17 March 1969 through 10 February 1971, he attained the grade of E-4 and his conduct and efficiency were consistently rated as excellent. It would appear therefore that he met the criteria for award of the Army Good Conduct Medal and it would be appropriate to also include this award on his DD Form 214.

5. 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 by:

a. showing that the individual concerned was awarded the Purple Heart for wounds received in Vietnam on 20 May 1970; and

b. showing he was awarded the Army Commendation Medal with 1^st oak leaf cluster and "V" device, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, three bronze service stars to be worn on his Vietnam Service Medal, the Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with machinegun bar.

BOARD VOTE:

__jhl____ ____bjl __ __rvo____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Joann H. Langston_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071940
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020822
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.