PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2002083619


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Ms. Marla J. N. Troup		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 Good Conduct Medal and a medal for saving lives while he was in the Republic of Vietnam. He also requests that the Long Range Reconnaissance Patrol School he went to in Nha Trang with the 5th Special Forces in Vietnam in 1966 or 1967, before he got shot in his right knee, be added to his separation document.

3. The applicant states, that his company commander may not have explicit details about the action that took place when he got wounded on the boat in the Vietcong ambush. He saved lives when the enemy opened fire at the boat he was on. Everyone was scared and panicked. He grabbed the machinegun from the machine gunner and returned fire. After a while his right leg felt numb where a ricocheted bullet from an AK-47, which hit the rib of the boat, hit him. This wound is responsible for the pain he now endures and he suffers from PTSD (Post Traumatic Stress Disorder) and exposure to Agent Orange.

4. The applicant states that he feels more mature in the recollection and memory of his tour with the 17th Cavalry, 199th Light Infantry Brigade in 1967. He adds that he submitted a copy of his DD Form 214, Report of Transfer or Discharge, in support of his application for award of the Medal of Honor.

5. The applicant’s military records show that he was inducted into the Army of the United States on 14 March 1966. He received his basic combat training at Fort Ord, California. He completed advanced individual training at Fort Devens, Massachusetts, and was awarded the military occupational specialty (MOS) 55B, Ammunition Storage Specialist, upon completion of all required training.

6. While assigned to Headquarters Detachment, US Army Garrison, Fort Devens, the applicant was given a conduct rating of "Fair" for the period 1 June 1966 through 28 August 1966. The applicant's efficiency during this period was "Excellent."

7. On 12 September 1966, he was assigned to Headquarters and Headquarters Company, 7th Support Battalion, 199th Light Infantry Brigade, Fort Benning, Georgia. On 5 November 1966, he was reassigned to the same battalion's B Company. The unit was reassigned and arrived in the Republic of Vietnam on 23 November 1966. On 26 February 1967, he was reassigned to D Troop, 17th Cavalry Squadron, 199th Light Infantry Brigade. On 4 August 1967 he was reassigned to C Company, 3rd Battalion, 7th Infantry Regiment, 199th Light Infantry Brigade. He returned to the United States and assignment to Fort Sill, Oklahoma on 23 November 1967. The applicant served in the Republic of Vietnam for one year.

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8. On 4 July 1967, the applicant received an Article 15 under the provisions of the Uniform Code of Military Justice (UCMJ) for going from his appointed place of duty, the forward troop area, without authority, on 3 July 1967. As his punishment, he was restricted to the troop area and such other places as his official duties required for 14 days and to perform extra duties for 14 days. The applicant did not appeal the punishment.

9. On 18 January 1968, the applicant received an Article 15 under the provisions of the UCMJ for creating a disturbance at the Tradewinds Club at about 0150 hours, 3 January 1968. As his punishment, he was restricted to the post and such other places as his official duties required for 7 days, to perform extra duties for 7 days, and a forfeiture of $30.00.

10. On 4 March 1968, the applicant received an Article 15 under the provisions of the UCMJ for failing to prepare for a class on dismounted drill on 1 March 1968. As his punishment, he was ordered to forfeit $40.00. The forfeiture was suspended for 9 days.

11. The applicant was honorably released from active duty on 13 March 1968 in the rank and pay grade of Sergeant, E-5, in the MOS 11B (Light Weapons Infantryman), with 2 years active Federal military service, and no lost time, at the expiration of his term of service.

12. Block 24 (Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows that he was awarded the following: the Purple Heart, the National Defense Service Medal; the Vietnam Service Medal with 1 bronze service star; the Republic of Vietnam Campaign Medal with 60 Device, 2 Overseas Service Bars, and the Sharpshooter Qualification Badge with Rifle Bar. No other award and decoration, including the Good Conduct Medal and a decoration for saving lives is shown.

13. The applicant underwent a physical examination on 13 February 1968 before he was released from active duty. There is no indication, and neither he nor the examining physician made any report that he was suffering from any form of psychological, psychiatric or mental illness. The applicant did not report any exposure to Agent Orange or any other type of defoliant to medical officials when he underwent this physical examination.

14. While in the Republic of Vietnam, he participated in the following two campaigns: the Vietnam Counteroffensive, Phase II, which extended from

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1 July 1966 through 31 May 1967 and the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968.

15. The applicant alleges to have completed the Long Range Reconnaissance Patrol School in Nha Trang with the 5th Special Forces in Vietnam in 1966 or 1967. The applicant's records are void of a training certificate or diploma for the successful completion of the course he alleges to have attended.

16. Army Regulation (AR) 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

17. AR 672-5-1, then in effect, provided for award of the Good Conduct Medal to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. To qualify for award of the Good Conduct Medal, each enlisted person was required to meet the following criteria for an award: a. All conduct (character) and efficiency ratings must be recorded as "Excellent" except that - (1) Ratings of "Unknown" for portions of the period under consideration were not disqualifying, (2) Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying, and
b. No conviction by court-martial during the period.

18. AR 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

19. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that the unit the applicant served with, 7th Support Battalion, 199th Light Infantry Brigade, was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 12 December 1966 through 31 August 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971. The 17th Cavalry Squadron, 199th Light Infantry Brigade, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 22 February 1967 through 17 May 1968 by DAGO Number 21, dated 1969.

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20. AR 600-8-22 requires a formal recommendation, approval through the chain of command, and announcement in orders for all personal decorations. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration. Specifically, the regulation provides that, if there is evidence that a recommendation was made, and supported by evidence, and no award was made because the recommendation was lost, or through inadvertence not acted upon, the Secretary of the Army may award any appropriate military decoration.

21. AR 635-5 provides instructions for completing the DD Form 214. In pertinent part, Block 25 (Education and Training Completed lists in-service training courses completed by title, number of weeks duration of the course, and the year the course was successfully completed. This information is intended to assist the individual after separation in job placement and counseling. Therefore, training courses for combat skills (i.e., basic combat training, pathfinder training, long range reconnaissance patrolling, etc.) will not be listed.

22. There is evidence that the applicant submitted three previous applications to this Board; however, none of the requested actions could be processed due to lack of his signature on the application, and the nonavailability of the applicant's service personnel records.

CONCLUSIONS:

1. There is no evidence and the applicant has provided none that he was recommended for award of a medal for the saving of lives, to include one of the medals that can be awarded for valor, while he was in the Republic of Vietnam.

2. There is no evidence and the applicant has provided none that he was recommended for an award for valor or any other award for actions related to his service in the Republic of Vietnam.

3. There is no evidence that the applicant suffered from any form of psychological, psychiatric or mental illness while he was on active duty. There is no evidence that the applicant was exposed to Agent Orange or any other type of defoliant while he was in the Republic of Vietnam.

4. The applicant was present and participated in two campaigns during his tour of duty in the Republic of Vietnam; therefore, he is entitled to award of the Vietnam Service Medal with two bronze service stars rather than the Vietnam

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Service Medal with one bronze service star, which is currently shown, on his separation document.

5. The units to which the applicant was assigned while he served in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. The applicant's DD Form 214 does not show these as authorized awards. It would be appropriate to add these unit awards to his DD Form 214 at this time.

6. The applicant does not meet the eligibility criteria for award of the Good Conduct Medal because of a disqualifying conduct entry of "Fair" for the period 1 June 1966 through 28 August 1966 and for having been the recipient of 3 Article 15s during his brief period of Army service.

7. No evidence that the applicant completed the Long Range Reconnaissance Patrol School in Nha Trang with the 5th Special Forces in Vietnam in 1966 or 1967 was found in the applicant's service personnel records. Notwithstanding this fact, entry of training courses for combat skills will not be listed in Block 25 of the DD Form 214.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by:

         a. deleting the Vietnam Service Medal with bronze service star from Block 24 of the applicant's DD Form 214,

         b. awarding the applicant the Vietnam Service Medal with two bronze service stars, and

         c. adding the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and the Vietnam Service Medal with two bronze service stars to his DD Form 214.

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

BOARD VOTE:

__fne___ __hof___ __mjnt__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002083619
SUFFIX
RECON
DATE BOARDED	20030617
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0056
3.
4.
5.
6.