PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 September 2003
         DOCKET NUMBER: AR2003089037

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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 (PH) be added to his record.

3. The applicant states, in effect, that the PH he earned was left off his separation document (DD Form 214).

4. The applicant’s military records show that he was inducted into the Army and entered active duty on 20 April 1966. He was trained and served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) and the highest rank he attained while serving on active duty was specialist four (SP4).

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 12 December 1966 through
16 October 1967, and he was assigned to the 39th Infantry Regiment,
9th Infantry Division, performing duties in MOS 11C as a mortar gunner. The conduct and efficiency ratings included in Item 38 (Record of Assignments) show that he received “Excellent” ratings.

6. Item 40 (Wounds) of the applicant’s DA Form 20 contains an entry that indicates that the applicant received a fragmentation wound to the right elbow on 20 March 1967. Item 41 (Awards and Decorations) shows that he earned the National Defense Service Medal NDSM) , Vietnam Service Medal (VSM), and Republic of Vietnam Campaign Medal (RVNCM) with 60 Device.

7. The applicant’s Military Personnel Records Jacket (MPRJ) contains no derogatory information and there is no documented record of a disqualification from any of the applicant’s active duty commanders that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

8. On 19 April 1968, the applicant was honorably separated after completing a total of 2 years of active military service. The DD Form 214 issued to him on the date of his separation shows that during his active duty tenure, he earned the NDSM, VSM with 1 bronze service star, and the RVNCM with 60 Device.

9. The applicant provides a copy of General Orders (GO) Number 42, dated
30 March 1967, issued by Headquarters, 24th Evacuation Hospital, RVN. These orders awarded the applicant the PH for wounds he received in action while serving as a SP4 in the RVN on 20 March 1967.

10. A member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty List, and found the applicant’s name was included on this official list of RVN casualties. The entry for his name confirms that he was wounded in action on 20 March 1967.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the PH is being awarded must have required treatment by a medical officer, this treatment must be supported by medical treatment records that were made a matter of official record.

12. Paragraph 2-13 of the awards regulation contains guidance on the VSM. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

13. Table B-1 of Army Regulation 600-8-22 contains a list of RVN campaigns. It shows that during the applicant’s tenure of assignment in the RVN, campaign credit was authorized for the following three campaigns: Vietnam Counteroffensive Phase II; Vietnam Counteroffensive Phase III; and
TET Counteroffensive 1968.

14. Chapter 4 of the same regulation prescribes the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940, however, for the first award only, a period of more than one year is a qualifying period if the award is issued at the termination of a period of Federal service. While there is no automatic entitlement to the AGCM, disqualification must be justified.

15. Chapter 8 of Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised that during the Vietnam era the CIB was awarded to enlisted soldiers who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

16. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that based on his tenure of assignment in the RVN, the applicant’s unit earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal Fist Class Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant claim of entitlement to the PH, and it finds this claim has merit. The evidence of record confirms that as a result of being wounded in action while serving in the RVN on 20 March 1967, the applicant was awarded the PH in GO Number 42, dated 30 March 1967, issued by Headquarters, 24 th Evacuation Hospital, RVN. Thus, the Board finds it would be appropriate to add this earned award to his record at this time.

2. During its review of this case, the Board discovered that the applicant is entitled to additional awards that were not included in either his record or his separation document. Lacking any derogatory information on file that would disqualify him from receiving the AGCM, or a specific disqualification from any of the active duty unit commanders for whom he served, the Board finds that he is entitled to the first award of the AGCM based on his qualifying period of honorable active duty service from 20 April 1966 through 19 April 1969.

3. In addition, the record confirms that the applicant served in an infantry MOS in a qualifying infantry unit and engaged in active ground combat with that unit while serving in the RVN, as evidenced by his being wounded in action. Therefore, the Board concludes that the applicant is entitled to receive the CIB.

4. Further, based on the applicant’s campaign participation and service in the RVN, he is entitled to 3 bronze service stars with his VSM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Thus, the Board concludes that it would also be appropriate to add these awards to his records at this time.

5. 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:

         a. adding the Purple Heart to the record and separation document of the individual concerned;

         b. awarding him the first award of the Army Good Conduct Medal for his qualifying period of honorable active duty service from 20 April 1966 through
19 April 1968;

         c. awarding him the Combat Infantryman Badge for his combat service in a qualifying infantry unit while serving in the RVN;

         d. showing that based on his campaign participation and service in the RVN, he is entitled to 3 bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

e. providing him a corrected separation document that includes these awards.

BOARD VOTE:

__FE__ ___KH__ ___MM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn
         CHAIRPERSON

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INDEX

CASE ID	AR2003089037
SUFFIX
RECON
DATE BOARDED	2003/09/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1968/04/19
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.