PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 21 October 2003
         DOCKET NUMBER: AR2003083882


         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. Melvin H. Meyer		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones II		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.

---

2. The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected by adding as second Military Occupational Specialty (MOS) of MOS 11B2P (Light Weapons Infantryman) to Item 23a. He further requests that he be awarded the Purple Heart.

3. The applicant states, in effect, that he served in the Dominican Republic in 1964, with the 2nd Battalion, 82nd Airborne Div, 325th Infantry, for a 6-month reconnaissance combat tour and then returned to Fort Bragg, North Carolina for duty. A month later he was transferred to the Republic of Vietnam (RVN) for duty and served with the 1st Cavalry Division. He adds that while in the RVN, he was wounded in action and spent months hospitalized in Camp Zama, Japan.

4. The applicant’s military records show that he enlisted on 1 July 1964 for a period of 3 years. He completed basic training and advanced individual training and was awarded MOS 11B. On 13 November 1964, he was assigned to Fort Benning, Georgia, for airborne training. On 2 December 1964, he completed his training requirements and was awarded the Parachutist Badge. On 5 December 1964, he was reassigned to A Company, 2nd Battalion, 325th Infantry, Fort Bragg, North Carolina for duty in MOS 11B.

5. On 30 November 1965, he was transferred to the RVN and assigned to
A Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division for duty. The applicant’s available record does not contain any medical information. However, his DA Form 20 (Enlisted Qualification Record) and immunization chart show he was assigned to Camp Zama, Japan as a patient on 11 June 1966.

6. On 19 August 1966, he was reassigned to Hawaii, for duty in his MOS and he was also hospitalized for treatment there.

7. On 25 November 1966, he was reassigned to Fort Campbell, Kentucky, for duty as a Light Weapons Infantryman. On 27 March 1967, while attached to the same unit his MOS changed to 76K2 (General Supply Specialist).

8. On 30 June 1967, the applicant was released from active duty with an honorable characterization of service and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his service obligation. He was credited with 3 years of active military service and no lost time. The highest grade he attained was pay grade E-4.

9. The applicant’s DD Form 214, Item 23a shows his primary MOS as
76K2P General Supply Specialist, Item 24, shows he was awarded, the National Defense Service Medal, the Combat Infantryman Badge, the Armed Forces Expeditionary Medal and Sharpshooter Badge with Rifle Bar.


10. The applicant’s DA Form 20 (Enlisted Qualification Record) Item 23a
shows that the applicant was awarded MOS 11B2P on 13 November 1964 and held that MOS for 2 years, 4 months and 14 days. Item 23a shows he was awarded a second MOS of 76K2P, General Supply Specialist, on 27 March 1967. Item 38 (Record of Assignments) shows that, except for rating of "Good" during the 3-month period in Hawaii following his medical evacuation from Vietnam, his conduct and efficiency evaluations were "Excellent." Item 39 (Campaigns) shows no entry and Item 40 (Wounds) shows no entry.

11. His DA Form 20, Item 41 (Awards and Decorations) shows in addition to the awards shown on his DD Form 214, he earned the following awards: the Vietnam Service Medal, the Parachutist Badge, the Marksman Qualification Badge with Rifle Bar and Machinegun Bar.

12. On 11 July 2003, a search of the unit’s historical files at the National Archives in College Park, Maryland, failed to show the applicant is authorized award of the Purple Heart. Additionally, a review of the RVN casualty list failed to identify the applicant as having been wounded in combat.

13. The Morning Reports for A Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division revealed that the applicant was listed as a sick (ill) at the 85th Evacuation Hospital, Qui Nhon on 8 June 1966. On 11 June 1966, a second Morning Report continued to list him in a patient status transferee to U.S. Hospital, Camp Zama, Japan. Both reports failed to show that he was treated for any type of injury as a result of hostile action.

14. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing discharge documents. In pertinent, part, it directs that the primary MOS code number and title will be entered on the DD Form 214.

15. 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 the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by the Department of the Army General Orders Number 59, 1969,
for the period 17 November 1965 to 19 May 1969.

16. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

17. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that A Company, 2nd Battalion, 7th Cavalry, Division was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 15 – 16 November 1965, by Department of the Army General Orders (DAGO) 59, dated 1969.

18. 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: the Vietnam Counteroffensive beginning on
25 December 1965 and ending on 30 June 1966. Therefore, the applicant’s record shows that he participated in one campaign period during his tour of service in RVN from 1 February to 11 June 1966 and is entitled to one bronze service star.

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

20. Army Regulation 600-8-22 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. However, at that time, a single efficiency rating less than excellent was 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.

21. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

CONCLUSIONS:

1. The applicant’s records do not show he was treated for any injuries sustained as a result of hostile action. Therefore, there is insufficient evidence to support award of the Purple Heart in this case.

2. The Board finds that the DD Form 214 listing of MOS 76K2P which the applicant’s held for only 3 months is correct. However, it is unfortunate separation document does not reflect that he served as an infantryman for almost 2½ years. In the interest of justice, this MOS information should be shown in Item 30 (Remarks) of his DD Form 214 as "MOS 11B2P (Light Weapons Infantryman); 2 years, 4 months".

3. The applicant’s military record shows that he was awarded the Parachutist Badge, the Marksmanship Qualification Badge with Rifle Bar and the Marksman Badge with Machinegun Bar. These badges should be added to his DD Form 214.

4. Notwithstanding the conduct and efficiency ratings of "Good" for the 3-month period in Hawaii, the Board concludes that, as evidenced by his offense free behavior, his otherwise "Excellent" conduct and efficiency ratings and his combat service in the Dominican Republic and in Vietnam, the applicant did distinguish him by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. Therefore, he should be awarded the Good Conduct Medal.

5. The applicant served in Vietnam during one designated campaign period and is entitled to the Vietnam Service Medal with one bronze service star. This correction should reflected on his DD Form 214.

6. During the applicant's tour of duty in Vietnam his unit was awarded the RVN Gallantry Cross with Palm Unit Citation. In addition, based on the applicant’s service in RVN from 30 November 1965 to 19 August 1966, he is entitled to award of the RVN Campaign Medal with “1960” Device. These awards should be added to his DD Form 214.

7. The applicant's qualified at the Marksman level with the machinegun.

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

---

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards already shown on his DD Form 214, the individual concerned was awarded or authorized the Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the RVN Campaign Medal with “1960” Device, RVN Cross of Gallantry with Palm Unit Citation, and the Marksman Badge with Machinegun Bar.

2. The applicant’s DD Form 214, Item 30 should be amended to show "MOS 11B2P (Light Weapons Infantryman); 2 years,4 months"

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

BOARD VOTE:

___MHM_ ___WDP ___FCJ__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Melvin H. Meyer______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2004083882
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003.10.21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR635-200
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	DASA
ISSUES 1.	A100.0600
2.	A107.0056
3.	A107.0078
4.	A107.0088
5.	A107.0100
6.