PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 March 2003
         DOCKET NUMBER: AR2002082706


         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. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Mr. Thomas A. Pagan		Chairperson
Mr. Rober W. Able		Member
Mr. John A. Kelly		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 the Distinguished Service Cross, the Silver Star, the Air Medal and another Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge).

3. The applicant states, in effect, that he has been authorized the awards but that they were left off his DD Form 214. He believes that the failure to timely file should be waived because his local Veterans of Foreign War Chapter wants to nominate him for the Philadelphia "Hall Of Valor." He submits copies of the general orders for the Distinguished Service Cross, the Silver Star, the Air Medal and one Purple Heart to substantiate his case.

4. The applicant’s military records show that he enlisted on 12 July 1967, completed training as an infantryman, and the noncommissioned (NCO) officer candidate and NCO combat leaders courses and basic airborne training. He was promoted to corporal (E-4) on 15 January 1968 to sergeant (E-5) on 9 April 1968. On 25 August 1968 he reported to D Company, 3^rd Battalion, 187^th Infantry, 101^st Airborne Division.

5. He was awarded the Distinguished Service Cross for his heroic actions on 7 and 8 October 1968. Although seriously wounded by grenade fragments in the face and shoulder, he refused evacuation and stayed with his men. After dark, he voluntarily advanced beyond the defensive perimeter, engaged an enemy soldier in hand-to-hand combat and retrieved a tactical radio that had been left when the soldiers manning a listening post retreated. Throughout the night he repeatedly exposed himself to enemy fire in order to obtain ammunition from the company command post, distribute it and to encourage and direct his men.

6. The applicant was promoted to staff sergeant on 9 January 1969. On 18 May 1969, in an action for which he was awarded the Silver Star, he sustained a wound for which he was awarded the Purple Heart by the 101^st Airborne Division on 9 June 1996. Following return to the United States on 14 June 1969, the applicant served as a drill instructor at Fort Dix, New Jersey. He completed the drill sergeant candidate course on 16 October 1969 and was awarded the drill sergeant military occupational specialty (MOS), P00F40, on 12 May 1970 and on 10 July 1970 he was separated from active duty and transferred to the Army Reserve Control Group. There is no discreditable information of record and his conduct and efficiency ratings were exclusively excellent throughout his career.

7. His DD Form 214 lists his authorized awards as the Bronze Star Medal, the Purple Heart, Army Commendation Medal, The National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam (RVN) Campaign Medal with "1960-" device, the Combat Infantryman Badge and the Parachutist Badge. The Distinguished Service Cross has been administratively added to his DD Form 214 by the issuance of a DD Form 215 (Correction) on 10 July 1970.

8. Additionally, special and general orders are available to show that he has also been awarded the Silver Star, the Air Medal and the Expert Qualification Badge with Rifle Bar.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound 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.

10. Army Regulation 600-8-22 also provides that the Good Conduct Medal 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. A record of punishment is not automatically disqualifying. At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, 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.

11. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. 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: The Counteroffensive V, beginning on 1 July 1968 and ending on 1 November 1968; and 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.

12. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that during the applicant's tour of duty the 3^rd Battalion, 187 Infantry was awarded the Presidential Unit citation for action on 10-21 May 1969, the Valorous Unit Award for action on 17April-9 May 1969; the Meritorious Unit Commendation for the period 14 March-3 October 1968, the RVN Gallantry

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Cross with Palm Unit Citation for then period 19 July 1968 –14 May 1969 and the RVN Civil Actions Honor Medal Unit Citation First Class for the period 3 May 1968-2 May 1970.

13. The Drill Sergeant Badge came into existence in 1958 and the Drill Sergeant School, Fort Leonard, Missouri began training NCOs for drill sergeant duties in 1964. Army Regulation 8-600-22 provides that the commandant of the Drill Sergeant School will authorize the permanent wear of the badge by memorandum.

CONCLUSIONS:

1. According to the citation for his Distinguished Service Cross the applicant was wounded in action on 8 October 1968 and is entitled to the Purple Heart for that wound.

2. He has been awarded the Silver Star, the Air Medal and the Expert Qualification Badge with Rifle Bar.

3. He distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service, as evidenced by his entire record, and should be awarded the Good Conduct Medal.

4. 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.

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

6. The applicant completed the qualifying training, was awarded the MOS and served as a drill sergeant. He should be authorized the Drill Sergeant Badge.

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

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

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RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a new DD Form 214 showing that his authorized awards include the Distinguished Service Cross, Silver Star, the Bronze Star Medal, the Purple Heart with Oak Leaf Cluster, the Air Medal, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the RVN Campaign Medal with "1960-" device, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Citation, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal Unit Citation First Class, the Combat Infantryman Badge, the Parachutist Badge, the Drill Sergeant Badge and the Expert Qualification Badge with Rifle Bar.

BOARD VOTE:

__TAP __ __RWA__ _JAK___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Thomas A. Pagan_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082706
SUFFIX
RECON
DATE BOARDED	20030313
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.