RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: JANUARY 13, 2004
         DOCKET NUMBER: AR2003089390


         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:

Ms. Lana E. McGlynn		Chairperson
Mr. Patrick H. McGann		Member
Mr. Roger W. Able		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that the Combat Infantryman Badge; the Army Commendation Medal, with 2nd Oak Leaf Cluster; the Bronze Star Medal; and the Purple Heart, 1st Oak Leaf Cluster, be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

2. The applicant states, in effect, that his DD Form 214 does not reflect these awards.

3. The applicant provides a copy of his DD Form 214; a copy of a DD Form 215, Correction to DD Form 214; a copy of a citation for award of the Bronze Star Medal; an awards certificate for the Army Commendation Medal, second oak leaf cluster; an awards certificate for award of the Purple Heart; and a copy of general orders and citation awarding him the Army Commendation Medal, with "V" device.

CONSIDERATION OF EVIDENCE:

1. The applicant’s military records show that he was inducted into the Army of the United States on 6 December 1968. He completed basic combat training at Fort Bragg, North Carolina, and his advanced individual training at Fort McClellan, Alabama. After completing all required training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

2. The applicant was assigned to Vietnam and he arrived there on 8 June 1969. He was assigned to Company D, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade. The applicant served in Vietnam until 7 June 1970 when he was returned to the United States for assignment to Fort Riley, Kansas.

3. The applicant was released from active duty on 4 December 1970 at the expiration of his term of service under the provisions of Army Regulation (AR) 635-200, in the rank and pay grade of Sergeant, E-5, with 1 year, 11 months, and 29 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, two overseas service bars, and the Expert Marksmanship Qualification Badge with Rifle Bar.

4. The applicant was awarded the Army Commendation Medal with "V" device for heroism in connection with military operations against a hostile force in the

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Republic of Vietnam on 25 August 1969. The Army Commendation Medal with "V" device was awarded him in General Orders Number 12309, Headquarters, Americal Division, dated 28 November 1969. The Army Commendation Medal with "V" device is not shown on the applicant's DD Form 214.

5. During the above operations, which resulted in the award for heroism, the applicant was wounded in action. He was awarded the Purple Heart in General Orders Number 8823, Headquarters, Americal Division, dated 29 August 1969.

6. The applicant was awarded the Purple Heart for wounds received in action on 25 August 1969. This information was confirmed in the Vietnam Casualty Listing. Item 40 (Wounds) of the applicant's DA Form 20, Enlisted Qualification Record, shows that he sustained fragmentation wounds on the right arm, back, and legs, on 25 August 1969. There are no other reports or information in his service personnel records, and the applicant has provided none, to indicate that he was twice wounded while in Vietnam.

7. A DD Form 215 prepared on 8 June 1971 added the Army Commendation Medal with "V" device and the Purple Heart to the applicant's DD Form 214.

8. The applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period June 1969 through June 1970 in General Orders Number 5166, Headquarters, Americal Division, dated 30 May 1970. The Bronze Star Medal is not shown on the applicant's DD Form 214.

9. The applicant was awarded the Army Commendation Medal (second oak leaf cluster) for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam for the period 1 January 1970 through 30 April 1970. The Army Commendation Medal, with second oak leaf cluster was awarded him in General Orders Number 5702, Headquarters, Americal Division, dated 6 June 1970. The Army Commendation Medal with, second oak leaf cluster is not shown on the applicant's DD Form 214.

10. There are no orders or citation available in the applicant's service personnel records to show that he was awarded the Army Commendation Medal with first oak leaf cluster, and the applicant provided none. A search of the general orders consolidation was made for such orders however, this search failed to reveal that such orders were published.

11. The applicant underwent a separation physical examination on 14 October 1970. The Standard Form (SF) 88, Report of Medical Examination, and the SF 89, Report of Medical History, completed in connection with this examination, only contain information related to the wounds to the left shoulder and right lower leg that he sustained on 25 August 1969 and for which he was awarded the Purple Heart.

12. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. There is no entry in Item 41 (Awards and
Decorations), of the applicants DA Form 20 showing that he was awarded the Combat Infantryman Badge. The Combat Infantryman Badge does not appear in Block 24 of the applicant's DD Form 214.

13. 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.

14. While in Vietnam, the applicant participated in the following four campaigns: the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; and the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970.

15. 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.

16. 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 the unit the applicant was assigned to, Company D, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation for the period 16 April through 28 August 1969, by Department of the Army General Order (DAGO) Number 6, dated 1974; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 24 August through 31 December 1969, and 31 March through 30 June 1970, by DAGO 42, dated 1972; and the Valorous Unit Award for the period 1 through 31 August 1969, by DAGO 43, dated 1972 These unit awards are not shown on his DD Form 214 because they were not approved and awarded to his unit until after he was released from active duty, and it would be appropriate to add them to his separation document at this time.

17. AR 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. Award of the Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent

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award an oak leaf cluster is awarded and is to be worn on the medal or ribbon. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

18. AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge 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, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

19. The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar in Paragraph 5, Special Orders 30, published by Headquarters, US Army Training Center, Infantry, Fort Bragg, North Carolina, dated 30 January 1969; the Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle Bar, in Paragraph 25, Special Orders 99, published by Headquarters, US Army School/Training Center and Fort McClellan, Fort McClellan, Alabama, dated 24 April 1969; and the First Class Gunner [now know as the Sharpshooter] Marksmanship Qualification Badge, with Machinegun Bar, in Paragraph 28, Special Orders 100, published by Headquarters, US Army School/Training Center and Fort McClellan, Fort McClellan, Alabama, dated 25 April 1969.

20. AR 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 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.

DISCUSSION AND CONCLUSIONS:

1. The applicant was wounded in action in Vietnam on 25 August 1969. The applicant was awarded the Purple Heart. There is insufficient evidence to show that the wounds to his shoulder and to his leg were sustained in separate instances and from different missiles, forces, and explosions; therefore, he is not entitled to award of the Purple Heart with oak leaf cluster at this time.

2. There is no evidence in the applicant's service personnel records to show that he was awarded the Combat Infantryman Badge while he served in Vietnam. The evidence of records shows that he served in active ground combat, was assigned or attached to an infantry unit of brigade, regimental or smaller size, served as a light weapons infantryman, MOS 11B, and earned an Army

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Commendation Medal with "V" Device for heroism and the Purple Heart for wounds sustained in action against an armed enemy on the battlefield in Vietnam. There is no evidence in his service personnel records that he was disqualified from award of this badge. The applicant is therefore eligible for award of the Combat Infantryman Badge and it should be added to his separation document at this time.

3. The evidence of record shows that the applicant was awarded the Bronze Star Medal and the Army Commendation Medal with two oak leaf clusters while he served in Vietnam, although the evidence of record suggests that the orders awarding the Army Commendation Medal with two oak leaf clusters should have read, Army Commendation Medal with one oak leaf cluster, denoting the second award of the Army Commendation Medal. He is therefore eligible to have these awards added to his DD Form 214.

4. The applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service. He attained the rank and pay grade of Sergeant, E-5, and there is no record of lost time in his service personnel records. The applicant earned the Bronze Star Medal, the Army Commendation Medal with "V" device and one oak leaf cluster, and the Purple Heart on the battlefield in Vietnam. Based on this distinguished record of service, he is eligible for award of the Good Conduct Medal and should be awarded the Good Conduct Medal for the period 6 December 1968 through 4 December 1970 and to have it added to his DD Form 214.

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

6. The applicant served in a unit, Company D, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade, which was awarded three awards of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. This unit was also awarded the Valorous Unit Award. These unit awards are not shown on his DD Form 214 because they were awarded after the applicant had been released from active duty. He is entitled to these unit awards and it would be appropriate to have them added to his DD Form 214 at this time.

7. The applicant qualified expert with his assigned M-14 rifle. Orders announcing this qualification were published and are in his service personnel records. The applicant also qualified sharpshooter with the M-16 automatic rifle and the M-60 machinegun. These qualification badges are not shown on his

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DD Form 214. It would be appropriate to add these badges to his separation document at this time.

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

BOARD VOTE:

phm_____ lem_____ rwa_____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

         a. awarding the applicant the Good Conduct Medal for the period 6 December 1968 through 4 December 1970;

b. awarding the applicant the Combat Infantryman Badge for his service in Vietnam;

c. awarding the applicant four bronze service stars, to denote his participation in four campaigns while he served in Vietnam, and to be affixed to his already-awarded Vietnam Service Medal;

d. awarding the applicant the Valorous Unit Award; and three awards of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and adding these awards to his DD Form 214; and

         e. adding the already-awarded Bronze Star Medal, the Army Commendation Medal with oak leaf cluster (to be shown as the Army Commendation Medal with "V" device, and one oak leaf cluster); the Expert Marksmanship Qualification Badge, with Rifle Bar; and the Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle and Machinegun Bar to the applicant's DD Form 214.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends

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denial of so much of the application that pertains to award of the Purple Heart, first oak leaf cluster, to the applicant.





                  ___Lana E. McGlynn___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089390
SUFFIX
RECON
DATE BOARDED	20040113
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.