PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 April 2003
         DOCKET NUMBER: AR2002079754


         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. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Thomas E. O'Shaughnessy		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 the Purple Heart, the Air Medal with Numeral "2", the Good Conduct Medal, the Vietnam Service Medal with two or three bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Presidential Unit Citation, and the Meritorious Unit Commendation.

3. The applicant states that these awards were omitted from his DD Form 214 following his tour in Vietnam and that he served as a 11B (light weapons infantryman) with Company A, 1st Battalion, 502nd Infantry, 101st Airborne Division. He submitted a copy of his DD Form 214 in support of his application.

4. The applicant’s military records show that he was inducted in the Army on 26 May 1970. He successfully completed basic and advanced individual training and was awarded military occupational specialty 11B. He served in Vietnam from 7 January 1971 through 17 December 1971 and was honorably released from active duty on 17 December 1971.

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 (Enlisted Qualification Record), authenticated in his own hand, 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 Examination prepared on 17 December 1971. This document does not 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.

9. His service personnel records contain Headquarters 101st Airborne Division (Air Mobile) General Orders Number 11800, dated 4 December 1971, which awarded the applicant the basic Air Medal for meritorious achievement while participating in aerial flight during the period 2 January 1971 to 17 November 1971.

10. 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.

11. 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.

12. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His DD Form 214 shows he served in Vietnam from 7 January 1971 through 17 December 1971 (a period of 11 months and 11 days).

13. 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 three campaigns of the Vietnam War.

14. 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.

15. The applicant's DA Form 20 shows he was assigned to Company A, 1st Battalion, 502nd Infantry during his tour in Vietnam. 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, the Presidential Unit Citation or the Meritorious Unit Commendation.

16. 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.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. This regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.

18. 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.

19. 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.

20. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1. The Board considered the applicant's request for correction of his DD Form 214 to show award of the Purple Heart.

2. There is no evidence of record available to the Board, 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.

3. The applicant signed his own discharge document and authenticated his own DA Form 20 which attested that he was not wounded and did not receive the Purple Heart. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.

4. 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.
5. The applicant is entitled to the first award of the Good Conduct Medal for the period 26 May 1970 through 17 December 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, his DD Form 214 will be amended to show this award.

6. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows he participated in three campaigns during his assignment in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

7. Based on the applicant's period of qualifying service in Vietnam, he is entitled to award of the Republic of Vietnam Campaign Medal and correction of his records to show this award.

8. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this foreign unit award.

9. The Department of the Army Pamphlet 672-3 shows that the applicant's unit, Company A, 1st Battalion, 502nd Infantry, was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Presidential Unit Citation or the Meritorious Unit Commendation when he was assigned to this unit. Therefore, there is no basis for correcting his records to show these awards.

10. 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 the DD Form 214 of the individual concerned; and

         b. by adding award of the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.





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

BOARD VOTE:

AAO____ TEO____ TBR_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079754
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 IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.