PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 December 2002
         DOCKET NUMBER: AR2002077747


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Conrad V. Meyer		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 award of the Purple Heart, the second award of the Air Medal, award of the Bronze Star Medal, award of the Army Commendation Medal, award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, award of the Meritorious Unit Commendation, award of the Good Conduct Medal, award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and award of the Presidential Unit Citation be added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3. The applicant states, in effect, that these awards were omitted from his discharge document. He states that he was assigned to Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam from February 1967 to February 1968 and was there for the Tet Offensive Campaign. The applicant submitted a copy of his DD Form 214, his discharge orders from the U.S. Army Reserve Control Group, and his DA Form 20 (Enlisted Qualification Record) in support of his application.

4. The applicant’s military records show that he was inducted in the Army on 24 August 1966. He successfully completed basic and advanced individual training and served as a rifleman in Vietnam from 5 February 1967 through 2 February 1968. The applicant was honorably released from active duty on 7 August 1968 in the rank of sergeant.

5. The applicant's DD Form 214, which was authenticated in his own hand at the time of his separation from the service, does not show the Purple Heart as an authorized award.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The applicant's name is not listed on the Vietnam Casualty Roster.

7. The applicant’s service personnel records contain a Report of Medical History and a Report of Medical Examination prepared on 18 July 1968. Neither of these documents make reference to wounds sustained in combat or show wounds or injuries consistent with those received as a result of hostile action.

8. The applicant's DD Form 214 shows entitlement to one award of the Air Medal. His personnel records contain Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 6738, dated 5 November 1967, and shows he was awarded the basic Air Medal for meritorious achievement while participating in aerial flight from February 1967 to October 1967.
9. There are no orders which show the applicant received the second award of the Air Medal. There is no recommendation for award of a second Air Medal in the applicant's service personnel records.

10. The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. His DA Form 20 does not list award of the Bronze Star Medal in item 41. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

11. The applicant's DD Form 214 does not show the Army Commendation Medal as an authorized award. There are no orders in the applicant's service personnel records which shows that he was awarded the Army Commendation Medal. There also is no evidence which shows he was recommended for award of the Army Commendation Medal.

12. The applicant's DA Form 20 shows he was assigned to Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam from 10 February 1967 to 2 February 1968. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant's assignment to this unit, it was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

13. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2nd Battalion, 7th Cavalry, that unit was not cited for award of the Meritorious Unit Commendation.

14. 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.

15. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

16. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2nd Battalion, 7th Cavalry, it was cited for award of the Presidential Unit Citation for actions during the period 25 August 1966 to 4 April 1967 by Department of the Army General Orders Number 2, dated 1973.

17. The Board noted that the applicant is entitled to the Vietnam Service Medal with three bronze service stars and two Overseas Service Bars.

18. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in the Vietnam Counteroffensive, Phase II Campaign, the Vietnam Counteroffensive Phase III, Campaign and the Tet Counteroffensive Campaign.

19. The applicant's DD Form 214 shows one Overseas Service Bar as an authorized award. However, his DA Form 20 shows two Overseas Service Bars.

20. 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.

21. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

22. 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.

23. Army Regulation 600-8-22 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 entitlement to the Good Conduct Medal, disqualification must be justified.

24. 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.

25. Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.

2. The applicant's DD Form 214 shows the basic Air Medal as an authorized award. There is no evidence of record, and the applicant has provided no evidence which shows he was recommended for or awarded a second award of the Air Medal. Therefore, there is no basis for awarding him a second award of the Air Medal.

3. There is no evidence of record which shows the applicant was recommended for or awarded the Bronze Star Medal. Therefore, there is insufficient evidence upon which to base award of the Bronze Star Medal to the applicant.

4. There are no orders which show the Army Commendation Medal was awarded to the applicant. Also, there is no evidence of record which shows he was recommended for award of the Army Commendation Medal. Therefore, there is no basis for correcting his records to show award of the Army Commendation Medal.

5. The Department of the Army Pamphlet 672-3 shows that the applicant's unit, the 2nd Battalion, 7th Cavalry, was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or the Meritorious Unit Commendation when the applicant was assigned to this unit. Therefore, there is no basis for correcting his records to show these awards.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 24 August 1966 through 7 August 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.

7. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records will be corrected to show this foreign unit award.
8. While the applicant was assigned to the 2nd Battalion, 7th Cavalry, it was cited for award of the Presidential Unit Citation. Therefore, his records will be corrected to show this award.

9. Evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam. Therefore, in accordance with the governing regulation, he is entitled to three bronze service stars for wear on his Vietnam Service Medal and correction of his records to show these awards.

10. Records show the applicant arrived in Vietnam on 5 February 1967 and departed from Vietnam on 2 February 1968. Therefore, he is entitled to two Overseas Service Bars and correction of his records to show these awards.

11. 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 deleting the Vietnam Service Medal and one Overseas Service Bar from item 24 on the DD Form 214 of the individual concerned; and

         b. by adding award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, the Vietnam Service Medal with three bronze service stars, and two Overseas Service Bars to item 24 on his DD Form 214.

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

BOARD VOTE:

CLA____ TSK_____ CVM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Celia L. Adolphi______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077747
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021210
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.