PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002075101


         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:

Ms. Melinda M. Darby		Chairperson
Mr. Roger W. Able		Member
Mr. Curtis L. Greenway		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 the Purple Heart, be added to his
DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

3. The applicant states, in effect, that the Purple Heart was not identified as one of the decorations to which he was entitled. The Purple Heart is not shown in
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

4. In support of his application, the applicant submits a copy of his DD Form 214 with an effective date of 16 January 1970; a copy of a citation awarding him the Purple Heart on 22 April 1968 for wounds received in action in the Republic of Vietnam on 11 January 1968; a copy of a DA Form 209, Delay, Referral, or Follow-up Notice indicating that a previously submitted DD Form 149, Application for Correction of Military Records, dated 6 January 1982, had been received for action by the Reserve Components Personnel Administration Center (RCPAC) in St. Louis, Missouri; and a reply from the Office of the Adjutant General, RCPAC, dated 18 November 1982.

5. The applicant’s military records show that he enlisted on 19 January 1967. Following completion of basic combat training, he was selected for and attended Trainee Leadership School at Fort Leonard Wood, Missouri. He then attended advanced individual training and was awarded the primary military occupational specialty, 12A (Pioneer).

6. On 30 June 1967, the applicant was assigned to A Company, 3^rd Battalion,
1^st Engineer Training Brigade, and on 18 July 1967 he was reassigned to
C Company, 3^rd Battalion, 1^st Engineer Training Brigade. In both these assignments, while in the rank of Private (Pay Grade E-2), he was assigned the duties of Assistant Platoon Sergeant.

7. On 13 September 1967, while serving in the rank and pay grade of Private First Class, E-3, he was appointed to the temporary acting noncommissioned officer rank of Acting Corporal.

8. On 13 December 1967, the applicant arrived in the Republic of Vietnam and was assigned to A Company, 39^th Engineer Battalion (Combat), of the 45^th Engineer Group (Construction).

9. On 21 March 1968, while serving with the 39^th Engineer Battalion (Combat), the applicant was promoted to the rank and pay grade of Specialist Four, E-4, and later, on 29 October 1968, to the rank and pay grade Specialist Five, E-5. He served with that unit until he returned to the Continental United States on
12 December 1968.

10. The applicant was assigned to Headquarters, Basic Combat Training Committee Group, Fort Leonard Wood, Missouri, on his return from Vietnam. On 5 February 1969, he was appointed to the noncommissioned officer rank of Acting Sergeant. This is the highest rank and pay grade that he held on active duty. He was honorably released from active duty on 16 January 1970 at the expiration of his enlistment commitment and was transferred to the US Army Reserve Control Group (Reinforcement) to complete his Universal Military Training and Service Act obligation. On his release from active duty, he had
2 years, 11 months and 28 days net active Federal service.

11. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows that he was awarded the following awards and decorations: the Army Commendation Medal, the National Defense Service Medal; the Vietnam Service Medal; the Vietnam Campaign Medal with device, "1960"; the Sharpshooter Marksmanship Qualification Badge (with Rifle Bar), the Expert Marksmanship Qualification Badge (with Automatic Rifle Bar) and 2 overseas service bars.

12. 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.

13. Neither a copy of the citation that the applicant provided nor a copy of supporting orders awarding the Purple Heart were found in the applicant's military personnel records. There was no entry in Item 40, Wounds, of the DA Form 20, Enlisted Qualification Record, to indicate that he had been wounded in action. Item 41, Awards and Decorations, on his DA Form 20, was also void of an entry showing entitlement to the Purple Heart. However, a close review of documents in his military personnel records, specifically Item 15, Previous Awards (Purple Heart & Higher), USARV Form 157-R, Recommendation for Decoration for Valor or Merit, dated 28 November 1968, revealed that he had been awarded the Purple Heart. This USARV Form 157-R was recommending award of the Army Commendation Medal for meritorious service to be awarded at the end of his Vietnam tour of duty. This award is shown on the DD Form 214.

14. Based on the above information, a search of general orders published by the Americal Division during the Vietnam-era was conducted. A copy of General Orders 1969 which announced award of the Purple Heart to the applicant for wounds received in connection with military operations against a hostile force on 11 January 1968 were found and will be provided to him.

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15. 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 wartime service for at least six continuous months in support of military operations. According to DA Pam 672-3 (Unit Citation and Campaign Participation Credit Register), the unit to which the applicant was assigned, the 39^th Engineer Battalion (Combat), was awarded the Meritorious Unit Commendation by Department of the Army General Orders 39, dated 1970, for the period from
1 January 1966 through 20 January 1968. The applicant was present and participated in action with this unit and is therefore entitled to have this award added to his DD Form 214.

16. This same pamphlet also reveals that the 39^th Engineer Battalion (Combat), a subordinate unit of the Americal Division and the U.S. Army Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 8, dated 1974, for valorous combat achievement in military operations against a hostile force during the period from 20 July 1965 through 28 March 1973. The applicant was present and participated in action with this unit and is therefore entitled to have this award added to his DD Form 214.

17. 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. This same regulation stipulated that a silver service star will be worn in lieu of five bronze service stars on the appropriate service medal, in this case, the Vietnam Service Medal. Because the applicant was present and participated in five campaigns during his tour of duty in the Republic of Vietnam (the Republic of Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the TET Counteroffensive which extended from 30 January 1968 through 1 April 1968; the Republic of Vietnam Counteroffensive, Phase IV which extended from 2 April 1968 through 30 June 1968; the Republic of Vietnam, Phase V which extended from 1 July 1968 through 1 November 1968 and the Republic of Vietnam Counteroffensive, Phase VI which extended from 2 November 1968 through 22 February 1969), he is entitled to one silver service star to be affixed to his already awarded Vietnam Service Medal.

18. The above-cited regulation 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

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entitlement to the Good Conduct Medal, disqualification must be justified. There is no evidence the applicant received the Good Conduct Medal. There is also no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency rating of "excellent" throughout his Army service. He is therefore entitled to award of the Good Conduct Medal for his service from 19 January 1967 through 16 January 1970.

CONCLUSIONS:

1. The evidence of record shows that the applicant sustained a wound as a result of hostile action on 11 January 1968, the wound required treatment, and the medical treatment was made a matter of official record. The applicant was awarded the Purple Heart by General Orders Number 1969 that was published by Headquarters, Americal Division, on 15 April 1968. This award was not included on his DD Form 214 on his separation and it would be appropriate to add it to his DD Form 214 at this time.

2. A review of applicant's records revealed no disqualifying information and in fact revealed an excellent record of service; therefore, the Board feels that he is entitled to award of the Good Conduct Medal for the period of service from
19 January 1967 through 16 January 1970 and that this award should be added to his DD Form 214.

3. The applicant was assigned to the 39^th Engineer Battalion (Combat), a subordinate unit of the Americal Division and the U.S. Army Vietnam, when it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for valorous combat achievement during the period from 20 July 1965 through 28 March 1973 by Department of the Army General Orders 8, dated 1974. The applicant is entitled to this foreign unit award and it should therefore be added to his DD Form 214.

4. The applicant was also present and participated in action as a member of the 39^th Engineer Battalion (Combat), when it was awarded the Meritorious Unit Commendation by Department of the Army General Orders 39, dated 1970, for exceptionally meritorious conduct of military operations against an armed enemy during the period from 1 January 1966 through 20 January 1968. This award should also therefore be added to his DD Form 214.

5. The evidence of record shows that the applicant was present and participated in five campaigns during his tour of duty in the Republic of Vietnam. He is therefore entitled to one silver service star to be affixed to his already awarded Vietnam Service Medal.

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

RECOMMENDATION:

That all Department of the Army records related to this case be corrected by amending Item 24 of his DD Form 214 to show that he is entitled to the following awards and decorations, in addition to those already reflected on that document: the Purple Heart, the Good Conduct Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star to be affixed to his already awarded Vietnam Service Medal.

BOARD VOTE:

__mmd___ __rwa___ __clg___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Melinda M. Darby
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075101
SUFFIX
RECON
DATE BOARDED	20020820
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0056
3.	107.0094
4.
5.
6.