PROCEEDINGS


         IN THE CASE OF: .
        

         BOARD DATE: 10 June 2003
         DOCKET NUMBER : AR2002081751

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Shirley L. Powell		Member
Mr. John T. Meixell		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 he be awarded the Purple Heart (PH), Combat Infantryman Badge, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM), and Army Good Conduct Medal (AGCM).

3. The applicant states, in effect, that he was assigned to Headquarters and Headquarters Company, 3^rd Battalion, 82^nd Airborne Division, Republic of Vietnam (RVN). He claims that he was ranger and raider qualified, and was made a patrol leader of a long range reconnaissance patrol. He states that after two months of patrolling, his lieutenant informed the team that they had all been awarded the CIB. He also claims that he was shot in the arm at the end of March 1968, and his lieutenant told him at that time that he was being recommended for the PH. He indicates that neither of these awards were included in his separation document (DD Form 214), and he requests that they be added to his record.

4. The applicant’s military records show that he entered active duty in the Regular Army on 1 June 1965. He was trained in and awarded military occupational specialty (MOS) 36C (Lineman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained was staff sergeant/E-6 (SSG/E-6). It also confirms that that he served in the RVN with Company B, 82^nd Signal Battalion, 82^nd Airborne Division, from 14 February through 3 May 1968, performing duties in MOS 36C as a Wire Team Chief.

6. Item 40 (Wounds) of the applicant’s DA Form 20 is blank, which indicates he was never wounded in action. Item 41 (Awards and Decorations) shows that during his tenure on active duty, he earned the following awards: Parachutist Badge; Armed Forces Expeditionary Medal (AFEM); National Defense Service Medal; and Ranger Tab.

7. The DA Form 20 also confirms that the applicant received “Excellent” conduct and efficiency ratings at all of his active duty assignments. Further, there is no derogatory information on file in the applicant’s Military Personnel Records Jacket (MPRJ) that would have disqualified him from receiving the AGCM, and no disqualification for this award by any of active duty unit commanders. The MPRJ also is void of any documents or orders indicating that the applicant was ever recommended for or awarded either the PH or CIB.

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8. On 31 May 1968, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service (ETS). The DD Form 214 issued to him upon his separation confirms that at the time, he had completed a total of 3 years of active military service. Item 5b (pay grade) of this document confirms that his pay grade was E-6; however, Item 5a (grade, rate, or rank) incorrectly lists his rank as “SGT” (sergeant) instead of SSG (staff sergeant) as it should be.

9. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards that were earned by the applicant during his tenure on active duty: Parachutist Badge; NDSM; AFEM; and Ranger Tab. The PH and CIB are not included in this list of authorized awards.

10. In connection with the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster, which contains the names of those soldiers wounded or injured in action in the RVN. The applicant’s name was not included in this DA list of RVN casualties. In addition, the unit historical files of the applicant’s unit in the RVN that are maintained at the National Archives were reviewed. This search failed to produce any evidence showing the applicant was ever recommended for or awarded either the PH or CIB.

11. Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-8 contains guidance on awarding the Purple Heart. It states, in pertinent part, that the PH is authorized to members who are wounded in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained in action. It also stipulates that the wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

12. Paragraph 2-13 contains guidance on awarding the VSM and it states, in pertinent part, that 1 bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN. Table B-1 contains a list of RVN campaigns, and confirms that during his tenure of assignment, the applicant was credited with participation in the Vietnam Counteroffensive Phase IV campaign.

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13. Chapter 4 prescribes the policy for award of the AGCM and it states that this award is for awarded for a period of exemplary behavior, efficiency, and fidelity in active Federal military service. The normal qualifying period for this award is
3 years. It is the decision of the unit commander to award the AGCM, however, a specific disqualification action must be taken to deny the award.

14. Chapter 8 contains guidance on awarding Badges and Tabs. Paragraph
8-6 contains the criteria for awarding the CIB. It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.

15. Paragraph 9-19 contains guidance on awarding the Republic of Vietnam Campaign Medal. It states, in pertinent part, that under normal circumstances, it is awarded to members who served in the Republic of Vietnam for 6 months during period 1 March 1961 to 28 March 1973.

16. Department of the Army General Orders (DAGO) 8, published in 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam during the period 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1. The Board notes the applicant’s claim of entitlement to the PH, CIB, and Republic of Vietnam Campaign Medal. However, it finds insufficient evidence to support these claims.

2. By regulation, to support award of the PH it is necessary to prove a soldier was wounded or injured in action, was treated for the wound by military medical personnel, and this medical treatment must have been made a matter of official record. There is no evidence showing that the applicant was ever wounded or injured in action, or that he was ever treated by military medical personnel for a wound or injury received in action. Therefore, the Board finds there is insufficient evidence to satisfy the regulatory burden of proof necessary to award the PH in this case.

3. One of the three basic requirements to receive the CIB is that a member hold an infantry MOS. The record confirms that the applicant held the MOS 36C (Lineman), a non-infantry MOS, and that he performed duties as a Wire Team Chief during his assignment in the RVN. Therefore, the Board finds no basis for awarding him the CIB at this time.

4. The awards regulation stipulates that to receive the Republic of Vietnam Campaign Medal, a member must have served in the RVN for 6 months during period 1 March 1961 to 28 March 1973. The record confirms the applicant served in the RVN from 14 February 1968 through 3 May 1968, less than three months. Thus, the Board finds an insufficient evidentiary basis to support correcting the applicant’s record to show he is entitled to this award.

5. The Board also notes the applicant’s claim of entitlement to the AGCM, and it finds this claim has merit. The record confirms that he completed a qualifying
3 year period of honorable active duty service from 1 June 1965 through 31 May 1968. His record also verifies that he received “Excellent” conduct and efficiency ratings at all of his active duty assignments. Lacking a specific unit commander disqualification, and absent any derogatory information on file that would preclude him from receiving the award, the Board concludes it would be appropriate to award him the AGCM at this time.

6. The Board also found that the evidence of record confirms that the applicant’s service in the RVN entitles him to the VSM with 1 bronze service star and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the Board concludes it would also be appropriate to add these awards to his record.

7. The Board also notes that although the applicant’s correct pay grade was listed in Item 5b (Pay Grade) of his DD Form 214, his rank was incorrectly entered as “SGT” in Item 5a (Grade, Rate, Rank). Given the applicant’s actual rank title was SSG, the Board concludes that this administrative error should also be corrected at this time.

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 awarding the individual concerned the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 1 June 1965 through 31 May 1968; by showing that his RVN service entitles him to the Vietnam Service Medal with 1 bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; by correcting the rank title listed in Item 5a of his 31 May 1968 DD Form 214 to read “SSG” vice SGT, as is currently listed; and by providing him a corrected separation document that includes these changes.

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

BOARD VOTE:

__JM__ __SLP___ __SAC__ GRANT AS STATED IN RECOMMENDATION

________ ________ _______ GRANT FORMAL HEARING

________ ________ _______ DENY APPLICATION




                  Samuel A. Crumpler
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081751
SUFFIX
RECON
DATE BOARDED	2003/06/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1968/05/31
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2.
3.
4.
5.
6.