PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 November 2003
         DOCKET NUMBER: AR2003087770


         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. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Gail J. Wire		Member
Mr. Antonio Uribe		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 records be corrected to show award of the Purple Heart as a result of wounds sustained in combat in the Republic of Vietnam (RVN).

3. The applicant states that he was wounded in the first half of 1968 and that he was “submitted” for the Purple Heart. He further states that he asked about the award while he was out processing upon his departure from RVN and was told that it was “at Division Headquarters.” The applicant recently requested a copy of his discharge papers and discovered that the Purple Heart was not included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Lastly, the applicant states that he “earned it and has the scars to prove it.”

4. The applicant’s military records show that he was inducted on 11 May 1966. He completed basic and advanced individual training, where he trained in Military Occupational Specialty 11B10 (Light Weapons Infantryman). The applicant served a six-month tour of duty in Hawaii prior to being reassigned to Vietnam on 24 April 1967, where he served as an infantryman in Company B, 5th Battalion, 60th Infantry, 9th Infantry Division. He returned to the United States on 16 April 1968 and was honorably separated from active duty, in pay grade E-5, on 22 April 1968.

5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he was awarded the Combat Infantryman Badge, the Vietnam Service Medal, the National Defense Service Medal and the Vietnam Campaign Medal. No other awards or decorations are listed.

6. Headquarters, 1st Training Brigade, Fort Jackson, South Carolina Special Orders Number 146, dated 7 July 1966, announced award of the Sharpshooter Marksmanship Badge, with Rifle Bar, to the applicant.

7. Headquarters, 2d Brigade (AIT), Fort Ord, California Special Orders Number 174, dated 31 August 1966, announced award of the Expert Marksmanship Badge, with Machinegun Bar, to the applicant.

8. Headquarters, 9th Infantry Division General Orders Number 1480, dated 18 March 1968, announced award of the Purple Heart to the applicant for wounds received in connection with military operations against a hostile force on 21 February 1968.

9. The applicant’s name is listed on the Vietnam Casualty Roster, indicating that he was wounded as a result of hostile action on 21 February 1968.

10. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his years of qualifying service and there is no indication of any disciplinary action being taken against him in his service personnel records.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War. This document shows the unit to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions on 1 February 1968 by Department of the Army General Orders Number 42, dated 1969. The applicant’s unit was also cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 19 December 1966 to 28 June 1969 by Department of the Army General Orders Number 69, dated 1969.

12. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

13. 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. The appendix shows that the applicant is entitled to wear one bronze service star for each the following Vietnam campaigns: Vietnam Counteroffensive, Phase II; Vietnam Counteroffensive, Phase III; Tet Counteroffensive; and Vietnam Counteroffensive, Phase IV.

14. There is no indication in the applicant’s records that show entitlement to the overseas service bar. Army Regulation 670-1, in effect at the time, governs the requirements for the overseas service bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army messages. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of six months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

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. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

17. 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 three 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.

CONCLUSIONS:

1. General Orders show that the applicant was awarded the Purple Heart for injuries received on 21 February 1968. Therefore, he is entitled to correction of his records to show this decoration.

2. Since there is no evidence that the applicant was disqualified for the Good Conduct Medal, he is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service from 11 May 1966 through 22 April 1968. Therefore, he is entitled to correction of his records to show this award.

3. General Orders show that the applicant’s unit was awarded the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit. Therefore, he is entitled to correction of his records to show these unit awards.

4. General Orders show that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, he is entitled to correction of his records to show this unit award.

5. Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Badge, with Rifle Bar. Therefore, he is entitled to correction of his records to show this badge.

6. Special Orders show that the applicant was awarded the Expert Marksmanship Badge, with Machinegun Bar. Therefore, he is entitled to correction of his records to show this badge.

7. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in four campaigns. As a result, the applicant is entitled to award of four bronze service stars, to be affixed to the Vietnam Service Medal, and correction of his records to show these appurtenances.

8. Evidence of record shows that the applicant is eligible for two overseas service bars. Therefore he is entitled to correction of his records to show these service bars.

9. 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 for wounds received on 21 February 1968; the first award of the Good Conduct Medal; the Valorous Unit Award; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; the Republic of Vietnam Gallantry Cross Unit Citation with Palm; the Sharpshooter Marksmanship Badge, with Rifle Bar; the Expert Marksmanship Badge, with Machinegun Bar; four bronze service stars to be affixed to the Vietnam Service Medal; and two overseas service bars.

BOARD VOTE:

___gjw__ ____fne__ ___au___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _______Fred N. Eichorn______________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003087770
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031104
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.