PROCEEDINGS


IN THE CASE OF:
                                   

         BOARD DATE: 17 April 2003
         DOCKET NUMBER: AR2002079932


         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
Mrs. Carolyn G. Wade		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Harry B. Oberg		Member
Mr. Ronald J. Weaver		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 records be corrected to reflect the award of the Purple Heart (PH), Combat Infantryman Badge (CIB), and the bronze service star for his Southwest Asia [Service] Medal (SWASM) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3. The applicant states, in effect, that the National Personnel Records Center (NPRC) reviewed his records and determined the medals and awards he is eligible for. He now wants his DD Form 214 corrected to reflect these awards. In support, he provides a copy of a letter from the NPRC, dated 24 June 2002, with DA Form 1577 (Authorization for Issuance of Awards) that verifies the medals and awards authorized.

4. The applicant’s military records show that he enlisted in the Regular Army for 3 years on 13 February 1967. Trained in military occupational specialty 11B as an infantryman, he served in Vietnam from 14 December 1967 to 14 December 1968, first with Company A, 1st Battalion (Abn), 501st Infantry, then with Company B, 1st Battalion, 501st Infantry, and finally with Company A, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade. Upon his return from Vietnam, he was honorably separated on 12 February 1970.

5. The applicant's DD Form 214 lists his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal with device 1960, a Valor Unit Citation, and the Parachute Badge. The PH is not listed as an authorized award.
 
6. The applicant’s DA Form 20 (Enlisted Qualification Record) item number 40 (Wounds) indicates the applicant suffered a gunshot wound to his left foot on 28 April 1968.

7. There are no orders in the applicant’s service personnel records, which show that he was awarded the PH.
 
8. The applicant’s name is not listed on the Vietnam Casualty Roster as having been wounded in action.

9. The applicant’s Standard Form 88 - Report of Medical Examination for the purpose of separation from the Army does not reflect any type of injury or wound to the applicant’s left foot. As a matter of fact, Standard Form 88 does not reflect anything abnormal.

10. On 24 June 2002, the NPRC verified that the applicant was entitled to the following medals and awards: PH, Good Conduct Medal (GCMDL), Valorous Unit Emblem, National Defense Service Medal, VSM with one bronze service star, the Republic of Vietnam Campaign Ribbon w/Device 1960, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, a Parachute Badge, and a Sharpshooter Badge w/Rifle and Flamethrower Bars.

11. In reviewing the applicant's records for information pertinent to his request, errors and omissions were noted concerning the awards and decorations listed on his DD Form 214.

         a. The applicant was not awarded the GCMDL. Army Regulation 600-8-22 (Military Awards) provides that the GCMDL 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.

         b. The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969. This award was for the period 19 April 1968 through 19 August 1968. The applicant’s unit was also awarded the Republic of Vietnam Civil Actions Honor Medal, First Class by the Department of the Army General Orders Number 48, 1971. This award was for the period 18 March 1968 through 2 May 1970.

         c. The applicant served in Vietnam during the following campaigns: Vietnam Counteroffensive, Phase III, 1 June 1967 – 29 January 1968 and Tet Counteroffensive, 30 January 1967 – 1 April 1968. Army Regulation 600-8-22 (Military Awards), 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. The applicant is entitled to wear two bronze service stars on his VSM.

         d. The applicant served in Vietnam from 14 December 1967 to 14 December 1968. Army Regulation 670-1, 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. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. 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 a whole months for credit toward the overseas service bar. The applicant is authorized two overseas service bars.

12. Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

13. Army Regulation 600-8-22 (Military Awards) provides, 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: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons 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.

15. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-fire Campaign (12 April 1991 to 30 October 1995).

CONCLUSIONS:

1. The Board noted that the Vietnam Casualty Roster and medical separation documents do not reflect that the applicant was wounded in Vietnam, nor are there any orders in the evidence of record awarding him the PH. However, item 40, DA Form 20 shows that on 28 April 1968 the applicant suffered a gunshot wound to his left foot while serving in Vietnam.

2. Having carefully evaluated the evidence of record, the Board determined that the information entered in item 40, DA Form 20 is correct and accurately reflects the applicant suffered a wound to his left foot on 28 April 1968 while engaging the enemy in combat. Therefore, the Board concludes that the applicant is eligible for award of the PH.

3. The applicant should have been awarded a GCMDL for the period 13 February 1967 through 12 February 1970. He is also authorized two bronze service stars for his VSM, two Overseas Service Bars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class.

4. The applicant served in an infantry MOS, 11B with an infantry until while engaging the enemy in combat and is entitled to the award of the CIB.

5. The SWASM was awarded to soldiers who served during Desert Shield/Desert Storm. The applicant did not serve during this period of service and is not authorized to wear the SWASM. His bronze service stars should be placed on his VSM.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) correcting Item 24 to show award of the PH, GCMDL, two bronze service stars for his VSM, two Overseas Service Bars, the Republic of Vietnam Civil Actions Honor Medal, First Class, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the CIB.

BOARD VOTE:

__wtm __ ____hbo__ __rjw___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Walter T. Morrison
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079932
SUFFIX
RECON
DATE BOARDED	20030417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0018
2.
3.
4.
5.
6.