PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 4 September 2003
         DOCKET NUMBER: AR2003084401


         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. Raymond V. O’Connor, Jr.		Chairperson
Mr. Frank C. Jones		Member
Ms. Barbara J. Ellis		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, he was wounded in enemy action, while serving in the U.S. Army. In support of his claim he submits a copy of his DD Form 1380 (U.S. Field Medical Card) dated 18 August 1968.

4. The applicant was inducted into the Army of the United States on 27 June 1967 and entered active duty on 10 July 1967. He completed basic training
and advanced individual training in military occupational specialty (MOS)
11B20 (Light Weapons Infantryman). He was then transferred to the
Republic of Vietnam (RVN) on 12 December 1967 and assigned to Company B, 2nd Battalion, 7th Calvary, 1st Calvary Division, for duty.

5. On 25 August 1968, he was transferred to the United States Army Hospital, Camp Oji, Okinawa, in a patient status. On 5 September 1968, he was further transferred to United States Army Hospital, Fort Ord, California, as a patient.

6. On 26 June 1969, he was separated with an honorable characterization of service. He was credited with 2 years of active service and no lost time. The highest grade he attained was pay grade E-4. His conduct and efficiency ratings were excellent throughout his enlistment. He was then transferred to the United States Army Reserve (USAR) Control Group, (Annual Training).

7. At the time of his separation, his DD Form 214, item 24 showed the following
awards; the National Defense Service Medal, the Vietnam Service Medal, the RVN Campaign Medal with “60 Device”, the Combat Infantryman Badge and the Marksmanship Qualification Badge with Rifle Bar.

8. Additionally, Special Orders Number 268, dated 16 October 1967 and Special Orders Number 271, dated 19 October 1967, show that the applicant completed the weapons qualification training and was awarded the Sharpshooter Qualification Badge with Rifle Bar and the Expert Qualification Badge
with Machinegun Bar.

9. 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.



10. Army Regulation 600-8-22 paragraph 6-7 authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix
B of the regulation. The applicant served during the following campaigns
the Counteroffensive Phase III, ending on 29 January 1968; the Tet Counteroffensive, ending on 1 April 1968, the Counteroffensive IV, ending on
30 June 1968 and the Counteroffensive Phase V, ending on 1 November 1968.

11. 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.

12. The available records do not show that the applicant was awarded the Purple Heart. However, the applicant has submitted a copy of DD Form
1380 (U.S. Field Medical Card), which states that he was diagnosed and treated for dislocated right shoulder, sustained during enemy action on 18 August 1968.

13. 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.

14. 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.

15. 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 non-favorable consideration and permits the individual to respond.

16. A DD Form 215, (Correction to DD Form 214) dated 27 November
2001, added the Bronze Star Medal to his list of authorized awards.




CONCLUSIONS:

1. The applicant's military record shows that on 18 August 1968, he was injured and underwent medical treatment as a result of hostile action by the enemy. Accordingly, the Board concludes that there is sufficient available evidence to substantiate award of the Purple Heart.

2. The applicant is also entitled to four bronze service stars for wear on his VSM based on his participation four campaign periods during his service in the RVN from 12 December 1967 to 18 August 1968. These awards should also be added to his DD Form 214.

3. A review of Department of the Army publications concerning unit awards shows that, during the time the applicant was assigned to the RVN, the unit to which he was assigned was awarded the RVN Gallantry Cross with Palm Unit Citation. This award should be added to his DD Form 214.

4. The applicant’s Enlisted Qualification Record, DA Form 20, Item 38 shows that he has distinguished himself by years of “excellent” conduct, efficiency and fidelity, by his offense free behavior and his promotion to pay grade (E-4) from the period 27 June 1967 through 26 June 1969. He should be awarded the Good Conduct Medal and it should be added to his DD Form 214.

5. The Board noted that the applicant was awarded the Sharpshooter Qualification Badge with Rifle Bar and the Expert Qualification Marksmanship Badge with Machinegun Bar. Therefore, he is entitled to correction of his records by adding both weapons qualifications to his DD Form 214.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing on his DD Form 214, dated 26 June 1969, Item 24: the Purple Heart, the GCMDL, four bronze service stars for wear on his VSM and the RVN Gallantry Cross with Palm Unit Citation, the Sharpshooter Qualification Badge with Rifle Bar and the Expert Qualification Marksmanship Badge with Machinegun Bar.






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

BOARD VOTE:

_RVO _ __FCJ__ _BJE ____ GRANT AS STATED IN RECOMMENDATION

________ _______ _________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




_Raymond V. O'Connor, Jr.
CHAIRPERSON

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INDEX

CASE ID	AR2003084401
SUFFIX
RECON
DATE BOARDED	2003-09-04
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1969-08-25
DISCHARGE AUTHORITY	AR 635-200.
DISCHARGE REASON	COMP SERV
BOARD DECISION	GRANT
REVIEW AUTHORITY	DASA
ISSUES 1.	A107.0000
2.	A107.0115
3.	A107.0056
4.	A107.0094
5.
6.