PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 01 APRIL 2003
         DOCKET NUMBER: AR2002077322


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern III		Member
Mr. Thomas E. O'Shaughnessy, Jr.		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 military records be corrected to show that he held a primary military occupational specialty (PMOS) of 11B (infantryman) at the time he was released from active duty. He also asked that his completion of combat infantry training be included in item 25 (education and training completed) and that his award of the Purple Heart and Bronze Star Medal be added to the separation document.

3. The applicant states that he was wounded on 6 March 1969 while on guard duty at a military service club. He states that he sustained shell fragment wounds, wood splinters in his back and upper arms, and a mild concussion. He states that he was able to secure the building and put out the “ensuing fire” and then sought treatment at the 12^th Evacuation Hospital. He states that he was released from the hospital the same day. The applicant states that he was “presented with the Bronze Star and Purple Heart medals” before he departed his unit and that certificates for both the Bronze Star Medal and Purple Heart were sent to his mother’s house at a later date, which “could account for the mistakes made” on his separation document. In support of his request he submits a copy of a Purple Heart certificate and a Bronze Star Medal citation, which he notes was the “only paper work that” he was able to find at his parents’ house. He notes that both of his parents are now deceased.

4. Records available to the Board indicate that the applicant was inducted and entered active duty on 1 August 1967. His Department of the Army Form 20 (Enlisted Qualification Record) indicates that he attended advanced individual training at Fort Polk, Louisiana and that he qualified as a marksman with the rifle (M-14) and was awarded the associated badge and component bar. That information, however, was omitted from his separation document.

5. The applicant completed combat infantryman training during his advanced individual training course and was awarded a PMOS of 11B (infantryman) on
15 March 1968. Army Regulation 635-5, which establishes the policies and procedures for completion and distribution of the Department of Defense Form 214 (Armed Forces of the United States Report of Transfer or Discharge), states that item 14 (military education) will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed. However, this information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

6. The applicant arrived in Vietnam on 12 April 1968 and although he was originally assigned to the 2^nd Battalion of the 14^th Infantry, those orders were revoked on 21 April 1968 and he was assigned to the 25^th Administration Company, part of the 25^th Infantry Division. His 11B PMOS was also withdrawn and he was awarded a PMOS of 71B (clerk typist) effective 21 April 1968.

7. The applicant was promoted to pay grade E-4 in July 1968 in MOS 71B.

8. The applicant departed Vietnam on 8 April 1969 and was released from active duty with an honorable characterization of service on 9 April 1969. His separation document does not reflect either the Purple Heart or the Bronze Star Medal and his PMOS is correctly recorded as 71B.

9. Subsequent to the applicant’s separation, on 16 April 1969, orders were issued awarding the applicant the Army Commendation Medal for meritorious service during the period April 1968 to April 1969. Although the award is not reflected on his separation document, his records do contain both a copy of the award orders and a copy of the Army Commendation Medal citation.

10. In 1989 the applicant consented for another individual to request “medals he has not received.” The request made no mention of the Purple Heart or Bronze Star Medal and included a Department of the Army Form 20 on which had been typed “Army Commendation Medal” and “Purple Heart.”

11. The Purple Heart certificate, provided by the applicant in support of his request, was authenticated by Major General Ellis W. Williamson. The certificate awarded the Purple Heart to the applicant “for wounds received in action.” The certificate refers to the applicant as “Private First Class” and is dated 26 January 1968.

12. There were no medical records available to the Board and the applicant’s name is not among a list of individuals who were reported as combat casualties during the Vietnam War. Item 40 (wounds) on his Department of the Army Form 20 is blank. The applicant authenticated the information contain on that form on 4 April 1969. Major General Williamson assumed command of the 25^th Infantry Division in August 1968.

13. The Bronze Star Medal citation contains no authentication markings, but indicates that the medal was “presented to” the applicant for “meritorious service” during the period “sixth day of March 1969.” The applicant’s records contained no evidence to confirm he was ever recommended for, or awarded the Bronze Star Medal.

14. Nonetheless, in an effort to validate the awards, the historical files of the 25^th Infantry Division, maintained at the National Archives in College Park, Maryland, were reviewed. The review failed to confirm that the applicant was awarded the Bronze Star Medal or the Purple Heart.

15. Army Regulation 600-8-22 establishes the policies and provision for the award of individual decorations. It notes, in pertinent part, that awards of the Bronze Star Medal and Purple Heart will be confirmed in orders issued by an appropriate authority.

16. Army Regulation 600-8-22 also provides that 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. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal. His conduct and efficiency ratings throughout his military service were excellent and his records contain no evidence of any disciplinary actions or incidents of misconduct.

17. A review of Department of the Army Pamphlet 672-3 indicates that the applicant’s unit (25^th Administration Company) was awarded a Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, while he was a member of the organization. He would also have participated in four designated campaign periods (Vietnam Counteroffensive Phases IV, V, VI, and TET 69 Counteroffensive) while in Vietnam which should be reflected by four bronze service stars on the Vietnam Service Medal on his separation document.

CONCLUSIONS:

1. Although the applicant may have completed a combat infantryman course while undergoing advanced individual training, because that course enhanced combat skills it would not have been recorded on his separation document.

2. Additionally, while the applicant did hold a PMOS of 11B at one time, at the time of his separation he held a PMOS of 71B. As such, the 71B specialty is correctly reflected on his separation document.

3. The Board notes that the applicant indicated that he was wounded on 6 March 1969 and yet the certificate appears to have been prepared in January 1968, several months prior to Major General Williamson’s assumption of command, and more than a year prior to the date the applicant indicated that he was wounded. Even if the Board were to presume that the certificate was in actuality prepared in January 1969, and the year was merely a typographical error, it would still not account for the fact that the applicant stated he was wounded in March 1969 or that the certificate was sent to the home of his parents after his departure from Vietnam. Additionally, the certificate refers to the applicant as Private First Class even though he had been promoted to pay grade E-4 in July 1968.

4. Although the Board can often confirm an award based solely on an award certificate, in this particular case, because of the numerous discrepancies between the Purple Heart certificate, information provided by the applicant, and information contained in his Official Military Personnel File, the Board is reluctant to confirm the award without further documentation which could be used to substantiate the award.

5. The manner in which the applicant relates that he received the Bronze Star Medal and the fact that the citation refers to a “period” of meritorious service, although it reflects a single date “Sixth Day of March 1969” is inconsistent with the evidence available in official records. Unfortunately, there is no evidence contained in the 25^th Infantry Division historical files, or in the applicant’s Official Military Personnel File which confirms the award. The Board notes that the applicant was awarded an Army Commendation Medal for meritorious service, which covered the entire period of his assignment in Vietnam, and a copy of the orders and citation confirming the award were filed in the applicant’s military personnel file, even though he departed Vietnam prior to the date the award orders were issued. As such, in the absence of similar evidence to confirm the Bronze Star Medal, the Board is reluctant to confirm the Bronze Star Medal based solely on the citation.

6. However, the applicant did complete a qualifying period of service for award of the Army Good Conduct Medal on 9 April 1969. There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award. In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 1 August 1967 through 9 April 1969.

7. Additionally, the Board notes that the applicant qualified as a marksman with the rifle (M-14) and was awarded the associated badge and component bar. His records should be corrected accordingly.

8. The applicant is also entitled to a Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars on his Vietnam Service Medal. His records should be corrected accordingly.

9. In view of the foregoing, the applicant’s records should be corrected 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 Army Good Conduct Medal for the period 1 August 1967 through 9 April 1969;

b. by showing that he qualified as a marksman with the rifle (M-14) and was awarded the associated badge and component bar; and

c. by showing that he is entitled to a Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:

__AAO__ __TBR _ ___TEO _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077322
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030401
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.	107.00
2.
3.
4.
5.
6.