PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 July 2003
         DOCKET NUMBER: AR2003085597


         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. Arthur A. Omartian		Chairperson
Ms. Yolanda Maldonado		Member
Mr. John P. Infante		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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Expert Marksmanship Qualification Badge with Machinegun Bar and bronze service stars to be affixed to the Vietnam Service Medal. He requests that the entries shown in item 28 (Specialized Training) on his DA Form 20 (Enlisted Qualification Record) be shown on his DD Form 214. He also requests that his DD Form 214 be corrected to show any awards and decorations to which he may be entitled.

3. The applicant states that he is entitled to the Purple Heart for shrapnel wounds sustained in Vietnam. He states that his DD Form 214 does not show his weapons qualifications, campaign credit in Vietnam, or various specialized areas of training as noted in his records. In support of his application, he submits a copy of his DD Form 214; Department of Veterans Affairs documentation; a 1969 service medical record; and a copy of his DA Form 20.

4. The applicant’s military records show that he was inducted on 4 June 1968. He served as an infantryman in Vietnam in the 5th Battalion, 46th Infantry, 198th Infantry Brigade from 14 November 1968 through 11 November 1969 and was released from active duty on 3 June 1970 after completing 2 years of creditable active service and no time lost.

5. The applicant's DD Form 214 does not show the Purple Heart, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, or the Expert Marksmanship Qualification Badge with Machinegun Bar as authorized awards.

6. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.

7. Item 25 (Education and Training Completed) on the applicant's DD Form 214 shows the entry, "None."

8. There are no orders for the Purple Heart in the applicant's service personnel records. However, the Vietnam Casualty Roster shows the applicant was wounded in action on 17 March 1969. The applicant also provided a medical record, dated 18 March 1969, which shows he was treated for a fragment wound to his left shoulder and left leg in Vietnam.






9. Item 29 (Qualification in Arms) on the applicant's DA Form shows the applicant qualified "expert" with the M-14 rifle and the machinegun. Item
41 (Awards and Decorations) on his DA Form 20 shows the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar and the Expert Marksmanship Qualification Badge with Machinegun Bar.

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

11. Item 28 (Specialized Training) on the applicant's DA Form 20 shows that he completed training on the Code of Conduct; Geneva Convention; Chemical, Biological and Radiological Training; and Survival, Escape and Evasion. There is no evidence that these specialized training courses were formal in-service training courses of 40 hours or more.

12. 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. Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he received "EXC" [excellent] conduct and efficiency ratings except for one "GOOD" efficiency rating while in advanced individual training.

13. 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 11, dated 1973. This award is not shown on his DD Form 214.

14. Review of the applicant's records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

15. 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, and the medical treatment must have been made a matter of official record.

16. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is




awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

17. 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.

18. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part it states that item 25 (Education and Training Completed) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

19. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.

CONCLUSIONS:

1. The Vietnam Casualty Roster shows the applicant was wounded in action on 17 March 1969. Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2. Evidence of record shows the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar and the Expert Marksmanship Qualification Badge with Machinegun Bar. Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

3. 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.

4. The Board considered the applicant's request that the specialized training shown on his DA Form 20 be reflected on his DD Form 214. However, there is no evidence that these specialized training courses were formal in-service training courses of 40 hours or more. Therefore, there is no basis for granting the applicant's request.

5. The Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 4 June 1968 through 3 June 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.

6. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, this unit award should also be added to his DD Form 214.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Purple Heart for wounds received on 17 March 1969 and the first award of the Army Good Conduct Medal for the period 4 June 1968 through 3 June 1970.

2. That the applicant's DD Form 214 be corrected to show award of the Purple Heart, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Expert Marksmanship Qualification Badge with Machinegun Bar, the Vietnam Service Medal with four bronze service stars, the Army Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.







3. That so much of the application as pertains to specialized training be denied.

BOARD VOTE:

AAO___ YM______ JPI_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Arthur A. Omartian___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085597
SUFFIX
RECON
DATE BOARDED	20030724
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.