PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002077905


         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Marla J. N. Troup		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 his military records be corrected to show he was awarded the Purple Heart (PH), Combat Infantryman Badge (CIB), Armed Forces Expeditionary Medal (AFEM), Army Good Conduct Medal (AGCM), and Republic of Vietnam (RVN) Campaign Medal with 60 Device.

3. The applicant states, in effect, that item 24 (Decorations) of his separation document (DD Form 214) does not include the PH, CIB, AFEM, AGCM, and RVN Campaign Medal with 60 Device he earned during his tenure on active duty. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted into the Army for two years on 28 March 1968. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantry). He continuously served on active duty for 2 years until being honorably separated on 27 March 1970.

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist five (SP5). It also confirms that he served in the RVN from 28 August 1968 to 13 June 1969, and that he was assigned to E Company, 1^st Battalion, 52^nd Infantry, 198^th Infantry Brigade, where he performed duties in MOS 11B. Block 40 (Wounds) is blank, and contains no entry indicating that he was ever wounded in action while serving on active duty. Block 41 (Awards and Decorations) shows that during his tenure on active duty he earned the following awards: National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with 60 Device; and CIB.

6. The applicant’s Military Personnel Records Jacket (MPRJ) is void of any official orders or other documents that would suggest that he was ever recommended for or awarded the PH, AFEM, or the AGCM. In addition, the applicant’s separation physical examination, dated 5 February 1970, contains no entries or information verifying that he ever received an injury or wound during his service in the RVN. Finally, the applicant’s name does not appear on the Department of the Army (DA) Vietnam Casualty Roster.

7. Army Regulation 600-8-22 prescribes the policy for the Army awards program. Paragraph 2-8 contains the policy for awarding the PH, and it states, in pertinent part, that the PH 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.

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8. Paragraph 2-12 contains guidance on awarding the AFEM and it states, in pertinent part, that the Armed Forces Expeditionary Medal (AFEM) is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. The governing regulation for award of the AFEM does not show that it was awarded for service in RVN during the period from 28 August 1968 to 13 June 1969.

9. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN. Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers. It confirms that the applicant participated in the Vietnam Counter Offensive Phase IV and TET 69 Counteroffensive, 1969 campaigns during his tenure.

10. Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service. There is no automatic entitlement to the AGCM; however, disqualification must be justified.

11. Paragraph 8-6c provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation.

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CONCLUSIONS:

1. By regulation, in order to support awarding the PH, a member must have been wounded in action, must have been treated for the wound by military medical personnel, and this treatment must have been made a matter of official record. The Board carefully considered applicant’s claim of entitlement to the PH; however, it finds no independent evidence provided by the applicant or any evidence of record to support this claim. Therefore, the Board concludes that there is insufficient evidence to satisfy the regulatory burden of proof, and it is compelled to deny the applicant’s request for the PH.

2. The evidence of record confirms that the applicant was never assigned or attached to a unit in the RVN, or elsewhere at a time when the AFEM was authorized for award. Therefore, the Board concludes that he is ineligible for this award.

3. The evidence of record does confirm that the applicant met the criteria and was awarded the CIB for serving in an infantry unit, performing infantry duties, and being personally present with this unit while it engaged the enemy in combat, as evidenced by Block 41 of his DA Form 20. Thus, the Board concludes that it would appropriate to add this award to his DD Form 214 at this time.

4. Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his active duty unit commanders, the Board concludes that the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM. Therefore, it finds that it would be appropriate to award him the first award the AGCM and add this award to his record at this time.

5. In addition, the Board finds that the applicant’s service in the RVN and his participation in two campaigns entitles him to 2 bronze service stars with his Vietnam Service Medal, the RVN Campaign Medal with 60 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the Board finds that it would also be appropriate to add these awards to his records at this time.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing he earned the Combat Infantryman Badge, Republic of Vietnam Campaign Medal with 60 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with his Vietnam Service Medal; by awarding him the first award of the Army Good Conduct Medal for his honorable period of service from 28 March 1968 to 27 March 1970; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

__RVO__ __AAO _ __MJNT__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr. _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077905
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/01/16
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	Partial Relief
REVIEW AUTHORITY
ISSUES 1.	107.0072
2.	107.0015
3.	107.0011
4.
5.
6.