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ARMY | BCMR | CY2002 | 2002082261C070215
Original file (2002082261C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2002082261

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Lana E. McGlynn Member
Mr. William D. Powers Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his Expert Marksmanship Badge for the M-16, the 81mm mortar, the 45 caliber pistol, and the M-14, be added to his separation document. He also requests that his Purple Heart (PH) be added to his separation document, and that he be issued a certificate of service for framing.

APPLICANT STATES: He was wounded in his left shoulder while in Vietnam, for which he was awarded a Department of Veterans Affairs disability rating.

EVIDENCE OF RECORD: The applicant's military records show:

He was inducted and entered on active duty on 12 July 1967. He was awarded the military occupational specialty of infantryman.

He was awarded the Expert Marksmanship Badge with Rifle Bar on Special Orders Number 190 dated 24 October 1967.

He served in Vietnam from 5 April 1968 to 4 April 1969, where he was promoted to pay grade E-5.

He was given a separation physical examination on 5 April 1969. The report of examination does not contain any remarks by either the applicant or the physician conducting the examination concerning any wound.

The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, is blank.

The applicant was honorably released from active duty on 6 April 1969 due to his having insufficient time remaining on his induction to warrant assigning him to a unit after he returned from Vietnam. His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation Medal, the Combat Infantryman Badge, and the Good Conduct Medal.

On 1 July 1973, the applicant was honorably discharged from the Army Reserve Control Group.

Army Regulation 600-8-22 provides that the PH is awarded for wounds 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 must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

This regulation also provides that marksmanship badges are awarded to indicate the degree in which an individual has qualified in prescribed weapons firing courses or events. The badges listed from the highest to lowest degree of marksmanship are the Expert Badge, the Sharpshooter Badge and the Marksman Badge. Only the highest degree of marksmanship is listed on an individual's separation document. A bar is issued for each weapon a soldier qualifies with. Weapons qualification is restricted to only those weapons which are authorized a bar. The weapons authorized a bar are pistol, antiaircraft artillery, automatic rifle, machinegun, field artillery, tank weapons, flamethrower, submachine gun, rocket launcher, grenade, carbine, recoilless rifle, mortar, bayonet, small bore rifle, small bore pistol, missile, and aeroweapons.

Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant served in Vietnam during Counteroffensive, Phase IV which ended on 30 June 1968; Counteroffensive, Phase V, which started on 1 July 1968; Counteroffensive, Phase VI, which started on 2 November 1968; and Tet 69 Counteroffensive, which started on 23 February 1969.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. There is no evidence that the applicant was ever awarded the PH, nor is there any evidence that he was wounded. Neither his separation physical examination nor his Enlisted Qualification Statement list any wounds. As such, there is insufficient evidence in which to grant the applicant’s request for a PH.

2. While there is no evidence that the applicant was ever awarded the Expert Marksmanship Badge with a mortar or pistol, he was awarded that decoration for the rifle. As such, he is entitled to the Expert Marksmanship Badge with Rifle Bar. However, adding an already awarded decoration does not require the authority of the Board.

3. It is assumed that the applicant is referring to an Honorable Discharge Certificate when he requested a certificate of service, since he stated that he wanted to frame the certificate. His Honorable Discharge Certificate would have been mailed to him with his discharge orders on 1 July 1973. Without evidence to show he was never provided that certificate, the Board will not recommend that it be reissued.

4. However, it is noted that the applicant is entitled to four bronze service stars to his Vietnam Service Medal, and he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm. As with the Marksmanship Badge, the addition of these awards are also administrative and do not require the authority of the Board.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Army Review Boards Agency, St. Louis, Missouri, will be requested to amend the applicant’s separation document to add the Expert Marksmanship Badge with Rifle Bar, four bronze service stars to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

____jns__ ___wdp__ ____lem_ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002082261
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030619
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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