PROCEEDINGS


         IN THE CASE OF:
                          
        

         BOARD DATE: 4 November 2003
         DOCKET NUMBER: AR2003088862


         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. 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.

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2. The applicant requests, in effect, that the Purple Heart be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

3. The applicant states, in effect, that the Purple Heart is not shown on his DD Forms 214 and he would like to have it added.

4. In support of his application, the applicant provides a copy of two DD
Forms 214, an awards certificate awarding him the Purple Heart, a copy of his honorable discharge certificate, a copy of a "Vietnam Combat Certificate," and a letter of recommendation from the senior field representative of the Military Order of the Purple Heart, dated 26 March 2003.

5. The applicant’s military records show that he was inducted into the Army of the United States on 25 May 1966. On 2 June 1966 he was discharged for the purpose of enlisting in the Regular Army. The applicant enlisted in the Regular Army, for 3 years, on 3 June 1966. He completed basic combat training at Fort Bliss, Texas, and his advanced individual training at Aberdeen Proving Ground, Maryland. After completing all required training, he was awarded the military occupational specialty (MOS), 45J (Aircraft Armament Repairman).

6. The applicant was assigned to Vietnam on 31 January 1968. He was assigned to Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division. He remained assigned to this unit until he was wounded in action. On 26 September 1968, he was reassigned to the Medical Holding Detachment, 106th General Hospital, Yokohoma, Japan, and was further medically evacuated to the Medical Holding Company, US Army Hospital, Fort Ord, California.

7. The applicant received a fragment wound to the right side of his face while he was performing the duties of crew chief of a military aircraft on a combat operation when the aircraft came under hostile automatic weapons fire. He was awarded the Purple Heart for wounds received in this action of 12 September 1968, by General Orders Number 270, paragraph 1, Headquarters, 67th Evacuation Hospital, dated 15 September 1968.

8. The applicant was released from active duty on 2 June 1969, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service, in the rank and pay grade of Specialist Four, E-4, with 3 years and 9 days active military service. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards: the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and

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the Marksman Marksmanship Qualification Badge with Rifle Bar. The Purple Heart is not shown on his DD Form 214.

9. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for campaign participation.

10. While in Vietnam, the applicant participated in the following three campaigns: the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968.

11. AR 600-8-22, in pertinent part, 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.

12. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Order Number 8, dated 1974. This unit award is not shown on the applicant's DD Form 214.

13. The applicant was awarded the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar, in Paragraph 3, Special Orders 110, published by Headquarters, 169th Maintenance Battalion. The expert qualification badge is not shown on his DD Form 214.

14. AR 672-5-1, then in effect, 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. All conduct (character) and efficiency ratings must be recorded as "Excellent" except that: (1) Rating of "Unknown" for portions of the period under consideration are not disqualifying; and, (2) service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

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CONCLUSIONS:

1. The applicant was awarded the Purple Heart for a fragment wound he received to the right side of his face. The Purple Heart is not shown on his 2 June 1969 DD Form 214 and it would be appropriate to add it to his separation document at this time.

2. The Board noted that the applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service. He attained the rank and pay grade of Specialist Four, E-4. He was wounded in action in Vietnam and there is no evidence of a record of lost time, any disciplinary action, or a breach of good conduct in the applicant's service personnel records. The Board feels that failure to award the applicant the Good Conduct Medal was based on administrative oversight and not on his conduct or efficiency. Based on his service, he is entitled to award of the Good Conduct Medal for the period 25 May 1966 through 24 May 1969 and to have it added to his DD Form 214.

3. The applicant participated in three campaigns during his tour of duty in Vietnam. He is therefore entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have it shown on his separation document.

4. The applicant served in a unit, Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division, during his tour of duty in Vietnam. This unit, a subordinate unit of the US Army Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. This unit award is not shown on his DD Form 214 because it was awarded after the applicant had been released from active duty. He is entitled to this unit award and it would be appropriate to have it added to his DD Form 214 at this time.

5. The applicant qualified expert with the M-16 automatic rifle. This qualification badge is not shown on his DD Form 214. It would be appropriate to add this badge to his separation document at this time.

6. 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 Good Conduct Medal for the period 25 May 1966 through 24 May 1969; three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and adding these awards to the applicant's 2 June 1969 DD Form 214; and

b. adding the already-awarded Purple Heart and the Expert
Marksmanship Qualification Badge, with Automatic Rifle Bar, to the applicant's 2 June 1969 DD Form 214.

BOARD VOTE:

___gw___ __fe ____ __au____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088862
SUFFIX
RECON
DATE BOARDED	2003/11/04
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.