PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2002081738


         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Curtis L. Greenway		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, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show that he served in the Army from May 1966 to August 1970 and that he be awarded the Combat Infantryman Badge (CIB) and the Purple Heart.

3. The applicant states that his DD Form 214 does not show all his awards. He would like his DD Form 214 to be corrected, especially since he is now going through service related disabilities with the Department of Veterans Affairs (VA).

4. The applicant's military records show he was inducted and entered active duty on 17 May 1966. He completed training as a light infantryman and was awarded an 11B military occupational specialty (MOS). On 25 February 1967, he reported, for duty in the Republic of Vietnam (RVN) with Headquarters and Headquarters Company (HHC), 5th Battalion, 60th Infantry, 9th Infantry Division as an infantryman. On 12 June 1967, the applicant was reassigned to Company B, 9th Supply & Transportation (S&T) Battalion, 9th Infantry Division for duty as a Heavy Vehicle Driver, MOS 64B. On 21 November 1967, he returned to the United States and was assigned to Company A, 91st Engineer Battalion, Fort Belvoir, Virginia, for duty first as a light vehicle driver and then as a cook.

5. On 26 March 1968, he was separated as an E-4 for the convenience of
the government with an honorable characterization of service. He had 1 year,
10 months and 10 days of creditable service and no lost time. His DD Form
214 dated 26 March 1968, lists his authorized awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal. The applicant’s DA Form 20 (Enlisted Qualification Record) for his
period of service, 17 May 1966 to 26 March 1968, shows no information in Item 40 (Wounds) and Item 41 (Awards and Decorations) does not list either the Purple Heart or the CIB. However, it does show that he was awarded an Overseas Service Bar and the Sharpshooter Qualification Badge with Rifle Bar (M-14).

6. Upon his separation on 26 March 1968, he immediately reenlisted in the Regular Army and served in MOS 94B as a cook. On 10 March 1969, he was transferred to RVN and assigned to the 34^th Transportation Company for duty in his MOS. The applicant was then reassigned on 25 May 1969 to the 34th Transportation Company. On 31 March 1970, he returned to the United States and was stationed at the 521st Military Processing Company, Fort Belvoir, Virginia, awaiting separation. His conduct and efficiency rating were excellent
throughout his career, until his second RVN tour from 13 April 1969 to 1 April
1970.

7. On 24 August 1970, the applicant was separated with a general discharge. He was credited with 2 years, 4 months and 29 days of active military service for his current period of service and no lost time. The highest rank he achieved during this period of enlistment was staff sergeant, pay grade E-6.
8. The applicant’s DD Form 214 with an effective date of 24 August 1970, does not show award of the Purple Heart or the CIB. It lists the following three awards previously shown on his DD Form 214 dated 26 March 1968, the NDSM, the VSM and the RVN Campaign Medal with "1960" device, however, the entries shows that an Oak Leaf Cluster was added in error to the last two awards.

9. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that during the applicant’s first enlistment he was attached to the following unit, CO B, 9^th S&T Battalion that was awarded
the Meritorious Unit Commendation for the period 1 January – 1 July 1967 by Department of the Army General Orders Number 1, dated 1969; the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 28 June 1969 by the Department of the Army General Orders the 59, dated
1969; and the RVN Gallantry Cross with Palm Unit Citation for the period
1 December 1966 - 30 June 1968 by the Department of the Army General
Orders 31 dated 1969.

10. The applicant's record also shows that he participated in five campaign during the two tours of service in Vietnam: The first tour in RVN earned him credit for: the Counteroffensive Phase II, 1 July – 31 May 1967, Counteroffensive Phase III, 1 June 1967 – 29 January 1968. The applicant’s second tour in the RVN earned him credit for: the Tet 69 Counteroffensive, 23 February 1969 -
8 June 1969; the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970.

11. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through
28 March 1973. Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal and/or the use of a silver service star in lieu of five bronze service stars.

12. Army Regulation 600-8-22 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, 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.

13. The available records do not show that the applicant was awarded the Good Conduct Medal. However, there is no evidence that his unit commander disqualified him from award of the Good Conduct Medal. His conduct and efficiency ratings were excellent, up until his separation.
14. Army Regulation 600-8-22 provides that the Good Conduct Medal (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. However, at that time, a single efficiency rating less than excellent was disqualifying. Although there is no automatic entitlement to the GCMDL, disqualification must be justified. Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond. At that time, non-favorable consideration was normally noted on the DA Form 20.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1. After reviewing the available documents it was determined that the applicant’s records do not show he was treated for any injuries as a result of hostile action.
Therefore, there is insufficient evidence to support award of the Purple Heart in this case.

2. The applicant served in an infantry position in an infantry MOS in combat in Vietnam. Therefore, he met the eligibility requirement for the CIB. Therefore, as a result, the Board determined that he should be awarded the CIB and his records should be corrected to show this badge.

3. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register shows the applicant was entitled to award of the Meritorious Unit Commendation, the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation. Based on the applicant’s service in Vietnam he is entitled to award of the RVN Campaign Medal with “1960” Device and two Overseas Service Bars.

4. The applicant’s military record shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Based on his service in two campaigns he is entitled to award of two bronze service stars for wear on his Vietnam Service Medal.

5. The applicant was also assigned to a second tour of duty during the RVN, which shows that he also served during an additional three campaign periods. Therefore, he is entitled to award of a silver service star in lieu of five bronze
service stars for wear on his Vietnam Service Medal and a 2^nd Overseas Service Bar. His DD Form 214 dated 24 August 1970, should be corrected to show these awards.

6. Additionally, based on the applicant’s 3 years of honorable service from
17 May 1966 to 16 May 1969, he is entitled to award of the GCMDL.

7. The applicant’s DD Forms 214 correctly shows his rank and pay grade at the time of discharge as an specialist four/pay grade E-4, for his first period of enlistment and for his second period of enlistment as an staff sergeant, pay grade E-6. Therefore, no change will be made to either of his DD Form 214.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the following awards on his DD Form 214 with an effective date of 26 March 1968: the Combat Infantryman Badge; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; the RVN Gallantry Cross with Palm Unit Citation; the Vietnam Service Medal with two bronze service stars; the RVN Campaign Medal with "1960" device; Overseas Service Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

2. Further, that his DD Form 214, dated 24 August 1970, be corrected to show the above awards plus the GCMDL one silver service star for wear on his Vietnam Service Medal and a 2^nd Overseas Service Bar. In Item 24, the word (w/Oak Leaf Cluster) is to be deleted in both places.

3. That so much of the application as pertains to award of the Purple Heart and correction of his service is denied.
VOTE:

__LLS __ __CLG__ ___RJW GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Luther L. Santiful_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081738
SUFFIX
RECON
DATE BOARDED	20030805
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PART DEC
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.