PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 March 2003
         DOCKET NUMBER: AR2002080261


         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. Thomas A. Pagan		Chairperson
Mr. Roger W. Able		Member
Mr. John A. Kelly		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 the Purple Heart (PH), Army Commendation Medal (ARCOM) 2^nd Award, Bronze Star Medal (BSM), and
Air Medal (AM) 2^nd Award be added to his military records.

3. The applicant states, in effect, that he was wounded in combat while serving in the Republic of Vietnam (RVN), and that all the awards he earned during his active duty tenure should be included in the list of awards contained on his separation document (DD Form 214), dated 10 February 1971. In support of
his application, he submits copies of orders awarding him the BSM and
AM 2^nd Award, and a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted into the Army of the United States and entered active duty on 17 February 1969. He was trained and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 17 July 1969 to 16 July 1970. It also shows that while serving in the RVN, he served in MOS 11B as a rifleman and squad leader in Company A, 1^st Battalion, 18^th Infantry Regiment, from 29 July 1969 through
1 March 1970; and in MOS 11B as a squad leader in Company E, 4^th Battalion, 12^th Infantry Regiment, from 2 March through 11 July 1970. Block 40 (Wounds) is blank and contains no entry showing that he was ever wounded or injured in action.

6. On 10 February 1971, the applicant was honorably released from active duty (REFRAD) after completing a total of 1 year, 11 months, and 24 days of active military service. At the time of his separation, he held the rank of sergeant/E-5.
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Medals Awarded or Authorized) of his DD Form 214 lists the following awards he earned during his active duty tenure: Combat Infantryman Badge; Vietnam Service Medal; AM; National Defense Service Medal; and Vietnam Campaign Medal.

7. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate that he was ever wounded or injured in action, or that he was recommended for or awarded the PH. In addition, the MPRJ contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the active duty unit commanders for which he served.

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8. The applicant’s MPRJ does include a copy of General Orders Number 2913, dated 1 July 1970, issued by Headquarters, United States Army Vietnam. These orders awarded the applicant the ARCOM 1^st Oak Leaf Cluster (2^nd Award), for his meritorious service in support of military operations against a hostile force while serving in the RVN from July 1969 to July 1970.

9. The applicant provided a copy of General Orders Number 17422, dated
20 December 1969, which was issued by Headquarters, 1^st Infantry Division, RVN. These orders awarded the applicant the AM 2^nd Award, for his meritorious achievement while participating in aerial flight while serving in the RVN from
2 October 1969 to 3 December 1969. In addition, the applicant provided a copy of General Orders Number 17690, dated 25 December 1969, issued by Headquarters, 1^st Infantry Division, RVN. These orders awarded him the BSM, for meritorious achievement in support of military operations against a hostile force while serving in the RVN from 15 August to 15 October 1969.

10. The Department of the Army (DA) Vietnam Casualty Roster was reviewed during the processing of this case. The applicant’s name was not among those listed on this official casualty roster.

11. Army Regulation 600-8-22 (Military Awards) prescribes the policy and procedures for the Army’s awards program. 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 required medical treatment; and that this medical treatment was made a matter of official record.

12. 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 a member is credited with participating in while serving in the RVN. Table B-1 lists all campaigns, service requirements, and inscriptions for streamers. It confirms that during the applicant’s assignment tenure in the RVN, he was credited with campaign participation in the following four campaigns: Vietnam Summer Fall - 1969; Vietnam Winter - Spring 1970; DA Sanctuary Counteroffensive; and Vietnam Counteroffensive Phase VII.

13. Chapter 4 contains guidance on awarding the Army Good Conduct Medal (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. A normal qualifying period is 3 years; however, for the first award only, a period of 1 or more years is a qualifying period upon termination of service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
14. 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 during his assignment tenure in the RVN, the applicant’s units received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to receive the PH for wounds he received in action while serving in the RVN. However, it finds insufficient evidence to support this claim. By regulation, the PH is authorized for personnel who are wounded or injured as a result of hostile action. In order to support awarding the PH, there must be evidence to show that the wound or injury for which the award was being made was treated by military medical personnel, and this treatment must have been made a matter of official record.

2. The evidence of record gives no indication that the applicant ever sustained or was treated for a wound or injury he received in the RVN as a result of enemy action or otherwise. Further, the record contains no indication that he was ever recommended for or awarded the PH, and his name is not included in the DA Vietnam Casualty Roster. Lacking independent evidence to the contrary, the Board finds there is insufficient evidence to support awarding the applicant the PH at this time.

3. During its review of this case, the Board did find the supporting evidence of record and independent evidence provided by the applicant confirmed that he had earned the BSM, ARCOM 2^nd Award, and AM 2^nd Award; and that these awards were not properly recorded in the list of authorized awards contained in his separation document. Therefore, the Board finds it would be appropriate to correct his records to include these awards 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. In addition, his unit service and campaign participation in the RVN entitles him to four bronze service stars for wear on his Vietnam Service Medal, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. Thus, the Board concludes that it would also be appropriate to add these awards to his record at this time.

5. 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 be corrected by awarding the individual concerned the Army Good Conduct Medal for the period 17 February 1969 through 10 February 1971; by showing that he earned the Bronze Star Medal, Air Medal 2^nd Award, Army Commendation Medal 2^nd Award, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 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:

__TAP__ __RWA _ __ JAK__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Thomas A. Pagan ._
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080261
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/03/13
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.	107.0014
2.	107.0015
3.	107.0020
4.	107.0018
5.
6.