PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2002081194


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Mr. Larry C. Bergquist		Member
Ms. Barbara J. Ellis		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add medals for his service in Korea, the Army Good Conduct Medal, the "ACM" (presumably the Army Commendation Medal), the Vietnam Campaign Medal with device 1960, the Vietnam Service Medal with one or two bronze service stars, the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), the Valorous Unit Award (VUA), the Vietnam of Gallantry Cross with Palm Unit Citation, the "VCAM" (presumably the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation), and the Sharpshooter Qualification Badge Rifle M-16.

3. The applicant makes no additional statement.

4. The applicant’s military records show that he was inducted into the Army on 15 January 1964.

5. The applicant was awarded the Sharpshooter Qualification Badge Rifle M-14 on Headquarters, 1st Training Brigade, U. S. Army Training Center Infantry, Fort Jackson, SC Special Orders Number 47 dated 11 March 1964.

6. The applicant's DA Form 20 (Enlisted Qualification Record) shows he qualified as an expert in the M-14 on 13 October 1964. It shows he fired the M-16 in July 1965 but not that he qualified in that weapon.

7. Item 31 (Foreign Service) of the applicant's DA Form 20 shows he arrived in Vietnam on 16 August 1965. It does not show that he served in Korea. Item 38 (Record of Assignments) shows that his unit, Company C, 2d Battalion, 7th Cavalry, 1st Cavalry Division, departed Fort Benning, GA on 17 August 1965 en route to the U. S. Army Pacific Command.

8. The applicant was severely wounded in action on 12 October 1965 and medically evacuated from Vietnam after receiving participation credit for one campaign. He was medically retired on 2 September 1966 after completing 2 years, 7 months, and 18 days of creditable active service with no lost time. His DA Form 20 shows that his conduct and efficiency were rated as "excellent" throughout his service and he had no record of disciplinary action ever being taken against him.

9. The applicant's DD Form 214 shows he was awarded the Purple Heart, the Vietnam Service Medal, the National Defense Service Medal, the Sharpshooter Qualification Badge Rifle M-14, and the Combat Infantryman Badge.

10. A review of the historical files of the 2d Battalion, 7th Cavalry, 1st Cavalry Division at the National Archives in College Park, MD failed to identify the applicant as being recommended for or awarded the Army Commendation Medal.
11. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

12. Army Regulation 600-8-22 is the current regulation that provides policy and criteria concerning individual military decorations. It provides for award of the Republic of Vietnam Campaign Medal with device 1960 to personnel who have served in the Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March 1973, inclusive, or have served for less than 6 months and have been wounded by hostile forces.

13. Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign. The Vietnam Defense Campaign covers the period 8 March through 24 December 1965.

14. 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 2d Battalion, 7th Cavalry, it was not cited for any unit award. (It was cited for award of the PUC for the period 23 October through 26 November 1965. It was cited for award of the VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation but for periods 1969 or later.)

15. Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform. In pertinent part, it states that a soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

16. Department of the Army General Number Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

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CONCLUSIONS:

1. The Board concludes that the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 15 January 1964 through 2 September 1966.

2. Even though the applicant served in Vietnam for less than 6 months, he met the eligibility criteria for award of the Republic of Vietnam Campaign Medal with device 1960 by virtue of being wounded by hostile forces. His DD Form 214 should be amended to add this award.

3. The applicant met the eligibility criteria to wear one bronze service star on the Vietnam Service Medal and his DD Form 214 should be amended to reflect this fact.

4. There is no evidence of record to show the applicant qualified with the M-16. His DD Form 214 shows he qualified as a sharpshooter with the M-14; however, his DA Form 20 shows that he later qualified as expert in that weapon. His DD Form 214 should be amended to show his later, higher marksmanship qualification.

5. There is no evidence of record to show the applicant served in Korea; therefore, it would not be appropriate to show he earned any Korea service awards.

6. The evidence of record shows the applicant was not assigned to the 2d Battalion, 7th Cavalry during a period of time that unit was cited for any unit award. The Board notes that the unit was cited for award of the PUC for the period 23 October through 26 November 1965; however, the applicant was wounded on 12 October 1965. In order to wear the PUC or any unit award permanently, a member must have been present for duty during the cited period.

7. Later, all units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant's DD Form 214 should be amended to add this unit award.

8. There is no evidence of record and the applicant provides none to show he was awarded the Army Commendation Medal.

9. In view of the foregoing, the applicant’s records should be corrected but only 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 applicant the Army Good Conduct Medal for the period 15 January 1964 through 2 September 1966.

2. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal with device 1960, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. That the applicant's DD Form 214 be amended to delete the Vietnam Service Medal and the Sharpshooter Badge (Rifle M-14) and to show he was awarded the Vietnam Service Medal with one bronze service star and the Expert Qualification Badge with Rifle bar (M-14).

4. That so much of the application as pertains to award of medals for service in Korea, the Army Commendation Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Qualification Badge Rifle M-16 be denied.

BOARD VOTE:

__rwa___ _lcb____ __bje___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Roger W. Able_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081194
SUFFIX
RECON
DATE BOARDED	20030710
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0056
2.
3.
4.
5.
6.