PROCEEDINGS


         IN THE CASE OF:
      


         BOARD DATE: 12 August 2003
         DOCKET NUMBER: AR2002082385


         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. Ted S. Kanamaine		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones		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, correction of his military records to show award of the Purple Heart for injuries received in combat.

3. The applicant states, in effect, that an administrative oversight was made when he was not awarded the Purple Heart. In support of his claim he submits a copy of his DD Form 1380 (U.S. Field Medical Card) dated 11 April 1969.

4. The applicant’s military records show that on 10 July 1969, he enlisted in the Regular Army for a period of 2 years. He completed basic training and advanced individual training in military occupational specialty (MOS) 91B20 (Medical Aid Specialist). On 14 December 1969, he was transferred to the Republic of Vietnam (RVN) and assigned to Company A, 1st Battalion, 11th Infantry, 1st Infantry Brigade, for duty.

5. The applicant’s medical records show that he was admitted and treated for an shrapnel wound to his (L) thigh on 28 March 1969.

6. On 10 April 1970, the applicant was released from active duty and transferred to the United States Army Reserve (Reinforcement) for completion of his obligated service. He was credited with 1 year, 9 months and 1 day of active military service with no lost time. The highest grade he attained was pay grade E-4. After completion of training his conduct and efficiency ratings were exclusively excellent.

7. The applicant’s DD Form 214 (Report of Separation), Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded, the National Defense Service Medal, the Vietnam Service Medal, the Combat Medical Badge, the Army Commendation Medal and two Overseas Service Bars.

8. The applicant’s DA Form 20 (Enlisted Qualification Record) Item 40 (Wounds) shows that on 28 March 1969, he received a fragment wound to his thigh/knee. His record also shows in Item 41 (Awards and Decorations), that he earned the Republic of Vietnam Campaign Medal with “60 Device” and the Marksmanship Qualification Badge with Rifle Bar, which are not shown on his DD Form 214.

9. The medical information submitted by the applicant shows that he was injured while on operation near the DMZ on 11 April 1969. The applicant sustained a fragment wound in the area of his thigh/knee by enemy action.

10. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that Company A, 1st Battalion, 11th Infantry, 1st Infantry Brigade was awarded the RVN Civil Actions Honor Medal, First Class Unit Citation for the period 1 January 1969 - 1 February 1970, by the Department of the Army General Orders (DAGO) 43, dated 1972, the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 - 19 May 1969 by the
DAGO 31, dated 1969 and the Valorous Unit Award for the period 1 May
1969 - 29 January 1970, DAGO 43, 1972.

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. These include Counteroffensive Phase VI, ending on
22 February 1969; Tet 69 Counteroffensive, ending on 8 June 1969; Vietnam Summer-Fall 1969, ending on 31 October 1969; Vietnam Winter-Spring 1970; ending on 30 April 1970 . Therefore, the applicant’S record show that he participated in four campaigns during his tour of service in RVN from 12 January 1969 to 9 February 1970 and is entitled to four bronze service stars.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart
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, and the medical treatment must have been made a matter of official record.

13. The available records do not show that the applicant was awarded the Good Conduct Medal (GCMDL). However, there is no evidence of misconduct or that his unit commander disqualified him from award of the GCMDL, neither is there any derogatory information contained in the available records.

14. Army Regulation 600-8-22 provides that the 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. Although there is no automatic entitlement to the GCMDL, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

CONCLUSIONS:

1. Evidence of record shows the applicant on 28 March 1969, was injured and underwent medical treatment as a result of hostile action by the enemy while stationed in the RVN. Accordingly, the Board concludes that there is sufficient available evidence to substantiate award of the Purple Heart.

2. The applicant’s military record shows that he was awarded the Marksmanship Qualification Badge with Rifle Bar.

3. The applicant served in Vietnam during four designated campaign periods and is entitled to four bronze service stars for wear on the Vietnam Service Medal.

4. During the applicant's tour of duty in Vietnam his unit was awarded the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal Unit Citation First Class.

5. Additionally, the applicant has met the eligibility criteria and he should be awarded the Army GCMDL. This award should also be added to his DD Form 214.

6. All of the above listed awards should be shown on the applicant's DD Form 214.

7. In view of the foregoing findings and conclusions correcting the applicant’s records as recommended below will correct errors and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that his authorized awards include the Purple Heart, the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the RVN Campaign Medal with "1960" device, the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal Unit Citation First Class, and the Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

___TSK _ ___WDP_ ___FCJ _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Ted S. Kanamine___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082385
SUFFIX
RECON
DATE BOARDED	2003.08.12
TYPE OF DISCHARGE
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR 635-200 SPN 201 ETS
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	DASA
ISSUES 1.	A107.0015
2.	A107.0056
3.	A107.0094
4.	A107.0095
5.	A107.0073
6.	A107.0110