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ARMY | BCMR | CY2003 | 2003084513C070212
Original file (2003084513C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2003084513


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Lana E. McGlynn Member
Mr. William D. Powers 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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Combat Infantryman Badge and the Army Commendation Medal.

3. The applicant states that these awards were never documented on his DD Form 214 at the time of his discharge. In support of his application, he submits a copy of his DD Form 214; orders for the Purple Heart and the first award of the Combat Infantryman Badge; and award certificates for the Army Commendation Medal and the Purple Heart.

4. The applicant’s military records show that he was inducted on 20 July 1967. He served as a light weapons infantryman in Vietnam from 20 July 1968 through 6 July 1969 and was released from active duty on 8 July 1969.

5. The applicant's DD Form 214 does not show the Purple Heart, the Combat Infantryman Badge or the Army Commendation Medal as authorized awards.

6. 71st Evacuation Hospital General Orders Number 285, dated 19 September 1968, show the applicant received the Purple Heart for wounds received in action on 18 September 1968 in Vietnam.

7. 4th Infantry Division Special Orders Number 321, dated 16 November 1968, show the applicant received the first award of the Combat Infantryman Badge.

8. There are no orders for Army Commendation Medal in the applicant's service personnel records. However, the applicant provided an award certificate for the Army Commendation Medal for meritorious service during the period July 1968 to July 1969.

9. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show he participated in four campaigns during his assignment in Vietnam.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970. This award is not shown on his DD Form 214.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970. This award is not shown on his DD Form 214.

13. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. The applicant received the Purple Heart for wounds received in action on
18 September 1968 in Vietnam. Therefore, his DD Form 214 should be corrected to show this award.

2. The applicant received the first award of the Combat Infantryman Badge. Therefore, his DD Form 214 should be corrected to show this badge.

3. There are no orders available to the Board which authorize award of the Army Commendation Medal to the applicant. However, the applicant provided an award certificate which is authenticated by a Major General and shows the applicant was awarded the Army Commendation Medal for meritorious service during the period July 1968 to July 1969 in Vietnam. Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Army Commendation Medal. Therefore, the applicant's DD Form 214 should be corrected to show this medal.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 20 July 1967 through 8 July 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

5. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

6. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show these unit awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the Combat Infantryman Badge, the Army Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

JNS___ LEM____ WDP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _John N. Slone____________
                  CHAIRPERSON




INDEX

CASE ID AR2003084513
SUFFIX
RECON
DATE BOARDED 20030619
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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