PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003088007


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley L. Powell		Member
Mr. Robert L. Duecaster		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, that he be awarded the Purple Heart.

3. The applicant states, in effect, that he never received the Purple Heart and he needs it to support entitlement to medical benefits from the Department of Veteran Affairs (VA). To support his application, the applicant submitted a copy of DA Form 638, Recommendation for Award; a copy of General Orders 1187, Headquarters, 196th Light Infantry Brigade, dated 26 August 1967; and a copy of an IDVA Form 200 from the Department of Veterans' Affairs.

4. The applicant’s military record shows that he was inducted into the Army of the United States on 14 November 1966. He received his basic combat training at Fort Leonard Wood, Missouri, and his advanced individual training at Fort Polk, Louisiana. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.

5. The applicant was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) under authority of Special Orders Number 53, dated 7 February 1967, by Headquarters, Fort Polk, Fort Polk, Louisiana. This badge is not shown in Block 24 of his DD Form 214.

6. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) under authority of Special Orders Number 056, dated 1 March 1967, by Headquarters, Fort Polk, Fort Polk, Louisiana. This badge is also not shown in Block 24 of his DD Form 214.

7. On 30 April 1967, the applicant was assigned to C Company, 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade in Vietnam.

8. While in the Republic of Vietnam, the applicant participated in the following two campaigns: the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968.

9. The applicant was awarded a Bronze Star Medal with bronze "V" Device, by General Orders 1187, Headquarters, 196th Light Infantry Brigade, dated 26 August 1967. This award is incorrectly identified in Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214. A sentence appears in the "Reason" for the award, which reads as follows, "[The applicant] and his companion were severely wounded, but continued to fight until losing consciousness."

10. The applicant's name appears on page 307 of the Vietnam Casualty List. The code entered in the fourth Column (23) translates to: hostile wounded in action.

11. The applicant was medically evacuated to the Medical Holding Detachment, US Army Tripler General Hospital, Hawaii, on 6 June 1967.

12. Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, has the entry, "Perforated both eardrums."/23 May 1967." There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart. A search for orders in the consolidation of orders for the 196th Light Infantry Brigade failed to reveal that orders were published awarding the applicant the Purple Heart.

13. The applicant was honorably released from active duty on 13 November 1968 in the rank and pay grade, Sergeant, E-5. On his release from active duty, he had a total of 2 years active Federal service with no lost time. The applicant's DD Form 214, in Block 24, shows that he was awarded the following: Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Bronze Star Medal.

14. Army Regulation (AR) 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

15. AR 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the Bronze “V” Device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

16. The above regulation 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 required medical treatment; and the medical treatment was made a matter of official record.

17. The same regulation 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.

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18. This same regulation authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

19. The regulation also sets forth, in pertinent part, 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.

20. AR 600-200, chapter 9, the authority for making entries on the DA Form 20, in force at the time of the applicant's service, is quoted as follows: "9-53. Wounds (Item 40). Enter a brief description of wounds or injuries (including injuries from gas) requiring medical treatment, received through hostile enemy action, including those requiring hospitalization. Enter the date wounded or injured."

21. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by unit serving in Vietnam. This document shows that the unit the applicant served with, Company C, 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade, a subordinate unit of the US Army Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 20 July 1965 to 28 March 1973 by Department of the Army General Orders (DAGO) Number 8, dated 1974.

CONCLUSIONS:

1. Based on the evidence of record, the applicant is entitled to award of the Purple Heart for wounds sustained in action against a hostile enemy on 23 May 1967 in Vietnam, and to have it added to his DD Form 214.

2. The applicant is entitled to correction of his DD Form 214 to correctly identify the Bronze Star Medal as having been awarded with a Bronze "V" Device to denote heroism in connection with military operations against a hostile force.

3. The applicant was present and participated in two campaigns during his tour of duty in the Republic of Vietnam; therefore, he is entitled to two bronze service stars to be awarded and affixed to his Vietnam Service Medal.

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4. The Board noted that the applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service. He was awarded the Combat Infantryman Badge and the Bronze Star Medal in combat in Vietnam and attained the rank of Sergeant in one year and four months. There is no record of nonjudicial punishment and no evidence of lost time in the applicant's service personnel records. Based on this exemplary service, he is entitled to award of the Good Conduct Medal and to have it added to his DD Form 214.

5. The applicant served with a subordinate unit of the US Army Vietnam during the period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant's DD Form 214 does not show this award as an authorized award because it was awarded after he had been released from active duty. It would be appropriate to add this unit award to his DD Form 214 at this time.

6. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar and the Marksman Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar. These badges are not shown on the applicant's DD Form 214. It would be appropriate to add these to his DD Form 214 at this time.

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

RECOMMENDATION:

That all Department of the Army records related to this case be corrected by:

         a. awarding the applicant the Purple Heart for wounds sustained in combat in Vietnam on 23 May 1967; the Good Conduct Medal for the period 14 November 1966 through 13 November 1968; the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and two bronze service stars to be worn on his already-awarded Vietnam Service Medal;

         b. amending the entry in Block 24, of the applicant's DD Form 214 to show that the Bronze Star Medal was awarded with a "V" Device to denote that it was awarded for heroism in connection with military operations against a hostile force; and

         c. amending the entry in Block 24, of the applicant's DD Form 214 to add the already-awarded Sharpshooter Marksmanship Qualification Badge with

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(M-60) Machinegun Bar and the Marksman Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar.

BOARD VOTE:

___fe ___ __slp____ __rld____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Fred N. Eichorn______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088007
SUFFIX
RECON
DATE BOARDED	2003/10/07
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.