PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2002079468


         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:

Mr. John N. Slone		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Lawrence Foster		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 12A (pioneer). He also requests correction of his records to show two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)), the Bronze Star Medal with "V" Device, the Good Conduct Medal and unspecified marksmanship badges.

3. The applicant states that he believed that he was awarded the Purple Heart twice, the Bronze Star Medal with "V" Device, the Good Conduct Medal, and numerous marksmanship badges for various weapons. He states that he was a combat engineer (pioneer) and was returned to CONUS [continental United States] from Vietnam as a "walking wounded." He claims that his records followed him 45 days after he left Vietnam and they were incomplete. In support of his application, he submitted a copy of his DD Form 214, a Standard Form 180 (Request Pertaining to Military Records), a Letter Order, a certificate acknowledging that he received a battalion orientation, two reassignment orders, temporary duty travel orders and a DA Form 348 (Equipment Operator's Qualification Record).

4. The applicant’s military records show that he enlisted in the Regular Army on 11 August 1970 for a period of three years. He successfully completed basic and advanced individual training (AIT) and served in Vietnam from 12 January 1971 through 23 October 1971. The applicant was honorably released from active duty on 14 August 1973 in the rank of specialist four.

5. The applicant's DD Form 214 shows the entry "64C30 Mtr Trans Op [motor transportation operator] 1 Jul 71" in item 23a (Specialty Number & Title).

6. The applicant's DA Form 20 (Enlisted Qualification Record) shows he completed advanced individual training and was awarded MOS 12A on 11 December 1970. Records show he held duty MOS 12A from December 1970 to January 1971. There is no evidence of record which shows the applicant served in MOS 12A for one year or more.

7. Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he was assigned to the 585th Engineer Company from 21 January 1971 to 22 October 1971 in duty MOS 64B (heavy truck driver). His DA Form 20 shows he was assigned to the U.S. Army Training Center from 29 October 1971 to 13 August 1973 in duty MOS 64C (motor transportation operator).

8. The applicant's personnel records contain 585th Engineer Company (Dump Truck) Unit Orders Number 17, dated 26 April 1971, which promoted him to specialist four in MOS 64B20.

9. The applicant's personnel records contain Headquarters United States Army Training Center Special Orders Number 102, dated 11 April 1972, which awarded him the primary MOS 64C30 and withdrew his primary MOS 64B20.

10. Headquarters United States Army Training Center and Fort Ord Special Orders Number 187, dated 6 July 1973, released the applicant from active duty in MOS 64C.

11. The applicant’s DD Form 214 does not show the Purple Heart (First Oak Leaf Cluster) as an authorized award.

12. There are no orders in the applicant’s 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.

13. The applicant’s DD Form 214 does not show entitlement to the Bronze Star Medal with "V" Device. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal with "V" Device. His DA Form 20 does not list the Bronze Star Medal with "V" Device in item 41. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

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.

15. The applicant's personnel records contain one nonjudicial punishment for being absent from his appointed place of duty and for being absent without leave (AWOL) from 8 March 1973 to 11 March 1973. His DD Form 214 shows he was released from active duty with a reentry eligibility code of RE-3B.

16. The applicant's DD Form 214 shows entitlement to the Expert Marksmanship Qualification Badge with Rifle Bar. There is no evidence of record which shows he was awarded or that he qualified for any additional marksmanship badges.

17. The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with two bronze service stars which are not shown on his separation document.

18. 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.

19. 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 document shows that, at the time of the applicant's assignment to the 585th Engineer Company, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 11, dated 1973.

20. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. However, it does not show the bronze service stars to which the applicant is entitled for campaign participation.

21. 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 two campaigns of the Vietnam War.

22. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that the PMOS and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier’s continuous active military, service will be entered in item 23a (Specialty Number & Title).

23. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations among which is the Purple Heart.

24. Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

25. 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.

26. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

27. 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.

CONCLUSIONS:

1. The Board considered the applicant's request for correction of his DD Form 214 to show his original MOS 12A.

2. Records show the applicant successfully completed AIT and was awarded primary MOS 12A (pioneer). The Board noted that he served in the primary MOS 12A from December 1970 to January 1971.

3. Records also show the applicant was awarded primary MOS 64B (heavy truck driver) and served in this primary MOS from January 1971 to October 1971.

4. The applicant was later awarded primary MOS 64C (motor transportation operator) and his primary MOS 64B was withdrawn.

5. Evidence of record shows the applicant served in primary MOS 64C from October 1971 to August 1973.

6. There is no evidence of record, and the applicant has provided no evidence which shows he served in MOS 12A for one year or more. Therefore, there is no basis for correcting his DD Form 214 to show his MOS as "12A."

7. The Board considered the applicant's request for two awards of the Purple Heart.

8. The Board noted the applicant's statement that he returned from Vietnam as a "walking wounded." However, there is no evidence of record which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.

9. There are no orders available to the Board which show the applicant was awarded the first or the second award of the Purple Heart. Therefore, there is no basis for awarding the Purple Heart (First Oak Leaf Cluster) in this case.

10. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal with "V" Device. Therefore, there is no basis for correcting his records to show award of the Bronze Star Medal with "V" Device.

11. There are no orders awarding the applicant the Good Conduct Medal. Although there is no indication the applicant's chain of command disqualified him from award of the Good Conduct Medal, his record shows nonjudicial punishment for being AWOL for 4 days and a restriction on his reenlistment eligibility which are disqualifying factors for award of the Good Conduct Medal.

12. In view of the applicant’s act of indiscipline and reenlistment eligibility limitations, the Board has determined that the applicant is not eligible for award of the Good Conduct Medal. Therefore, there is no basis for correcting his records to show award of the Good Conduct Medal.

13. The Board considered the applicant's request for award of numerous marksmanship badges for various weapons.

14. The applicant's DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar as an authorized award. However, there is no evidence of record which shows the applicant met the qualifications for additional awards of the marksmanship badge. Therefore, there is no basis for correcting his DD Form 214 to show additional marksmanship badges.

15. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 will be amended to show these foreign unit awards.

16. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

17. 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 from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

b. by adding award the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with two bronze service stars 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:

JNS_____ REB_____ LF_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079468
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030225
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.	100.0000
3.
4.
5.
6.