PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 March 2003
         DOCKET NUMBER: AR2002075496


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Thomas A. Pagan		Chairperson
Mr. Roger W. Able		Member
Mr. John A. Kelley		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, award of the Combat Medical Badge, the Distinguished Service Cross or the Silver Star, the Purple Heart, the Soldier's Medal, the Bronze Star Medal with "V" Device, the Meritorious Service Medal, the Joint Service Commendation Medal, the Army Commendation Medal, the Humanitarian Service Medal, the Outstanding Volunteer Service Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation and the Joint Meritorious Unit Award.

3. The applicant's request for award of the Distinguished Service Cross or the Silver Star, the Soldier's Medal, the Bronze Star Medal with "V" Device, the Joint Service Commendation Medal and the Joint Meritorious Unit Award was addressed by separate correspondence to the applicant. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

4. The applicant states, in effect, that he believes he has earned and met the qualifications for each decoration requested according to the criteria set forth in Army Regulation 600-8-22 (Military Awards). He contends that he underwent "in country" combat medic training in Vietnam and served as a medic. He states that he is entitled to the Purple Heart for wounds sustained to his right hand during hand-to-hand combat in December 1967. He contends that he injured his hand when he and another unarmed soldier, on their way to a club in Saigon, fought off a dozen armed enemy in order to save another soldier's life.

5. The applicant contends that he is entitled to the Meritorious Service Medal for his service as a military intelligence coordinator and for his voluntary performance in two other military occupational skills (working with civilian affairs and a combat medic. He states that he is entitled to the Army Commendation Medal based on his general record and for the work he did as the noncommissioned officer in charge of the Classified Document Repository, Operations Support Branch, 135th Military Intelligence Group of the 525th Military Battalion in Vietnam. He further states that he is entitled to the Humanitarian Service Medal for a humanity action taken on behalf of the wife of a South Vietnamese employee who was dying.

6. The applicant requests that he be considered for the Military Outstanding Volunteer Service Medal based on his voluntary service with civilian affairs (orphanages adoption program), his volunteering for duty as a combat medic and for the medical action administered by him to a civilian woman. He also requests that he be considered for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on the merits of his actions. He contends that the Meritorious Unit Award was awarded to the 525th Military Intelligence Battalion.




7. In support of his application, the applicant submits a cover letter, dated
24 June 2000; a copy of his DD Form 214 (Report of Transfer or Discharge); a letter of explanation, dated 4 June 2002; a cover letter, dated 4 June 2002; a letter dated 24 June 2000 with 14 exhibits described in the letter.

8. The applicant’s military records show that he enlisted on 28 September 1965 for a period of three years. He served as a military intelligence coordinator in Vietnam from 12 January 1967 through 4 January 1968. On 28 June 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve.

9. The applicant's DD Form 214 does not show the Combat Medical Badge, the Purple Heart, the Meritorious Service Medal, the Army Commendation Medal, the Humanitarian Service Medal, the Outstanding Volunteer Service Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or the Meritorious Unit Commendation as authorized awards.

10. There are no orders for the Combat Medical Badge in the applicant's service personnel records. There is also no evidence that the applicant met the qualifications for award of the Combat Medical Badge.

11. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was awarded primary military occupational specialty (MOS) 97D (military intelligence coordinator) effective 11 March 1966. There are no other entries in item 22 (Military Occupational Specialties) on the applicant's DA Form 20. His DA Form 20 also shows that he served in MOS 97D during his assignment in Vietnam.

12. There is no evidence in the applicant's service personnel records that shows he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Item 40 (Wounds) on the applicant's DA Form 20 is blank and the applicant's name does not appear on the Vietnam Casualty Roster.

13. There is no evidence in the applicant's service personnel records that he was recommended for or awarded the Meritorious Service Medal or the Army Commendation Medal. Item 41 (Awards and Decorations) on the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to these awards.

14. There are no orders for the Humanitarian Service Medal in the applicant's service personnel records. There is also no evidence which shows that the applicant participated in a Department of Defense approved significant military act or operation of a humanitarian nature.

15. There are no orders for the Outstanding Volunteer Service Medal in the applicant's service personnel records. There is also no evidence which shows that the applicant performed outstanding volunteer community service of a sustained, direct and consequential nature, subsequent to 31 December 1992.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows the applicant's units, the 519th Military Intelligence Battalion and Headquarters and Headquarters Company, 525th Military Intelligence Group, were not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or the Meritorious Unit Commendation while he was assigned to them.

17. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in one campaign during his assignment in Vietnam.

18. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is 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 ratings of “excellent” throughout his service.

19. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. This award is not shown on the applicant's DD Form 214.

20. The Board notes that items 17b (Term of Service (Years)) and 17c (Date of Entry) on the applicant's DD Form 214 show the entries, "NA" [not applicable]. However, the applicant's DD Form 4 (Enlistment Record - Armed Forces of the United States) shows that he enlisted on 28 September 1965 for a period of
3 years.

21. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the soldier must have been personally present and under fire during such ground combat.



22. 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.

23. Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award. The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.

24. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

25. Army Regulation 600-8-22 provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

26. Army Regulation 600-8-22 provided that the Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components, who subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct and consequential nature. To qualify for award of the Military Outstanding Volunteer Service Medal a service member's volunteer service must meet the following requirements: (1) be to the civilian community, to include the military family



community; (2) be significant in nature and produce tangible results; (3) reflect favorably on the Military Service and the Department of Defense; and (4) be of a sustained and direct nature.

27. Army Regulation 600-8-22, in pertinent part, states that the unit citation of the Civil Actions Medal (Republic of Vietnam Civil Actions Medal Unit Citation) is awarded by the Vietnamese government for meritorious service.

28. Army Regulation 600-8-22, in pertinent part, states that 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 services for at least six continuous months in support of military operations.

29. 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.

30. Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

CONCLUSIONS:

1. The Board considered the applicant's contention that he underwent "in country" combat medic training in Vietnam and served as a medic. However, the evidence of record does not support this contention.

2. Evidence of record shows the applicant was awarded primary MOS 97D (military intelligence coordinator) effective 11 March 1966 and that he served in this MOS during his assignment in Vietnam.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded a medical MOS, that he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size engaged in active ground combat in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Medical Badge in this case.

4. The Board considered the applicant's contention that he is entitled to the Purple Heart for wounds sustained to his right hand during hand-to-hand combat


in December 1967. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

5. The Board considered the applicant's contentions pertaining to his entitlement and award of the Meritorious Service Medal and the Army Commendation Medal. However, there is no evidence of record available to the Board which shows that the applicant was recommended for or awarded these medals. Therefore, the Board determined that there is insufficient evidence on which to base award of these medals.

6. The Board considered the applicant's contention that he is entitled to the Humanitarian Service Medal for a humanity action taken on behalf of the wife of a South Vietnamese employee who was dying. However, in accordance with the governing regulation, the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. There is no evidence that the applicant participated in a Department of Defense approved significant military act or operation of a humanitarian nature. Therefore, the Board determined that there is insufficient evidence on which to base award of the Humanitarian Service Medal in this case.

7. The Board considered the applicant's contention that he is entitled to the Outstanding Volunteer Service Medal based on his voluntary service with civilian affairs (orphanages adoption program), his volunteering for duty as a combat medic and for the medical action he administered to a civilian woman in Vietnam. However, the governing regulation states that this medal is awarded for volunteer service performed subsequent to 31 December 1992. Therefore, there is no basis for granting the applicant's request for award of the Outstanding Volunteer Service Medal.

8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's units were not cited for the Republic of Vietnam Civil Actions Medal Unit Citation or the Meritorious Unit Commendation while he was assigned to them. Therefore, the applicant is not entitled to correction of his military records to show these unit awards.

9. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated




in one campaign during his assignment in Vietnam which is not correctly shown by award of one bronze service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show these awards.

10. The applicant is entitled to the first award of the Good Conduct Medal for the period 28 September 1965 through 28 June 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his military records to show this unit citation.

12. Items 17b (Term of Service (Years)) and 17c (Date of Entry) on the applicant's DD Form 214 show the entries, "NA" [not applicable]. However, the applicant's DD Form 4 (Enlistment Record - Armed Forces of the United States) shows that he enlisted on 28 September 1965 for a period of 3 years. Therefore, it would be appropriate to correct items 17b and 17c on the applicant's DD Form 214 at this time.

13. 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 awarding the individual concerned the Vietnam Service Medal with one bronze service star, the first award of the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

         b. by deleting the entries, "NA" in items 17b (Term of Service (Years)) and 17c (Date of Entry) on the DD Form 214 of the individual concerned; and

         c. by adding the entry, "3" in item 17b (Term of Service (Years)) and adding the entry, "28 Sep 65" in item 17c (Date of Entry) on his DD Form 214.



2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

TAP__ RWA_____ JAK_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Thomas A. Pagan______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075496
SUFFIX
RECON
DATE BOARDED	20030313
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.