RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: FEBRUARY 12, 2004
         DOCKET NUMBER: AR2003090660


         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. Joann Langston		Chairperson
Mr. Robert J. Osborn		Member
Mr. Lester Echols		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 Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Purple Heart and the Parachutist Badge with bronze service star be added to his DD Form 214, Report of Transfer or Discharge.

2. The applicant states, in effect, that he requested a copy of his DD Form 214 in 2002 and received a reconstructed record from the National Personnel Records Center (NPRC). His Vietnam service and appropriate awards were omitted. He served in Vietnam from 1966 to 1968. He came home on a 30-day leave and returned to Vietnam. He states that he was wounded by shrapnel while he was with the 173rd Airborne Brigade in the Mekong Delta. He served as a pathfinder in the Infantry.

3. The applicant provided a copy of the NA Form 13038, Certification of Military Service, dated 12 July 2002, he was provided in 2002; a copy of his DD Form 214, with an effective date of 21 August 1968; a copy of Special Orders 204, paragraph 47, published by Headquarters, 101st Airborne Division, dated 22 July 1968; a copy of Special Orders 210, paragraph 29, published by Headquarters, 101st Airborne Division, dated 28 July 1968; two DA Forms 2139-1, Military Pay Voucher, for the pay periods 1-29 February and 1-31 March 1968; and the front and back of two pages from a Pictorial History of the 145th Combat Aviation Battalion.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an injustice, which occurred on 21 August 1968. The application submitted in this case is dated 23 April 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s military records show that he enlisted for 3 years in the Regular Army on 19 March 1964. He completed basic combat training at Fort Jackson, South Carolina. He completed advanced individual training at Fort Lewis, Washington. After completing all required training, he was awarded the military occupational specialty (MOS), 111.00 (Light Weapons Infantryman).

4. The applicant attended the Basic Airborne Course and was awarded the Parachutist Badge on 3 February 1965.

5. The applicant was honorably discharged on 20 May 1965, under the provisions of Army Regulation (AR) 635-205, paragraph 3b, in the rank and pay grade of Private First Class, E-3, to immediately reenlist. On the date he was discharged, he had completed 1 year, 2 months, and 3 days active Federal service. Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214, he was issued on this date, shows he earned the Parachutist Badge; the Expert Marksmanship Qualification Badge, with M-14 Rifle Bar; and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.

6. Item 29 (Qualification in Arms) of the applicant's DA Form 20, Enlisted Qualification Record, shows he qualified expert with the M-16 Automatic Rifle on 15 April 1965. The corresponding qualification badge is not shown on the applicant's DD Form 214.

7. The applicant reenlisted for 3 years on 21 May 1965, while he was assigned to Company C, 1st Battalion (Airborne), 506th Infantry, Fort Campbell, Kentucky.

8. The applicant served in Vietnam from 29 April 1966 through 17 August 1968. Initially, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 503rd Infantry. On 29 April 1967, he was reassigned to Headquarters and Headquarters Detachment, 145th Combat Aviation Battalion, and on 8 February 1968, he was reassigned to Headquarters and Headquarters Company, 308th Combat Aviation Battalion. He remained with this unit until he returned to the United States for release from active duty.

9. The applicant was honorably released from active duty, on 21 August 1968, under the provisions of AR 635-200, section VII, chapter 5, in the rank and pay grade of Sergeant, E-5, as an Early Separation of Overseas Returnees. On the date he was released from active duty, he had completed a total of 4 years and 1 month, active Federal service.

10. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows he earned the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Purple Heart and the Parachutist Badge with a bronze service star, to denote a soldier's participation in a combat parachute jump, are not shown on the DD Form 214.

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11. The applicant participated in a parachute jump against an armed hostile force during Operation Junction City, on 22 February 1967, in the vicinity of Katum, Vietnam. The applicant was authorized the bronze star appurtenance to be worn on his Parachutist Badge to denote this combat parachute jump, by General Orders Number 444, prepared by Headquarters, 173rd Airborne Brigade (Separate), on 12 March 1967. The Parachutist Badge with one bronze service star is not shown on the applicant's DD Form 214.

12. The applicant was awarded the Pathfinder Badge by Special Orders Number 57, paragraph 3, published by Headquarters, United States Army Vietnam, dated 26 February 1968. The Pathfinder Badge is not shown on the applicant's DD Form 214.

13. Item 41 (Award and Decorations) of the applicant's DA Form 20 shows that he was awarded the Combat Infantryman Badge by Special Orders Number 244, published by Headquarters, 173rd Airborne Brigade (Separate). The entry does not include the date of the Special Orders. Orders for this award are not in the applicant's service personnel records. The Combat Infantryman Badge is not shown on the applicant's DD Form 214.

14. There is no entry in Item 40 (Wounds) of the applicant's DA Form 20 to show that he was wounded in action against a hostile force. 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 and the applicant's name does not appear on the Vietnam Casualty List.

15. 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: a.) the wound was the result of hostile action, b.) the wound must have required treatment, and c.) the medical treatment must have been made a matter of official record.

16. While in Vietnam, the applicant participated in the following six campaigns of the Vietnam War: the Vietnam Counteroffensive, which extended from 25 December 1965 through 30 June 1966; the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; 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.

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17. The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar, in Special Orders 297, paragraph 5, published by Headquarters, 4th Infantry Division, Fort Lewis, Washington, on 28 November 1964. This weapons qualification badge does not appear on the applicant's DD Form 214.

18. 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. The regulation further provides that one silver service star will be worn in lieu of five bronze service stars.

19. Department of the Army (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, Headquarters and Headquarters Company, 2nd Battalion, 503rd Aviation Battalion, was awarded the Meritorious Unit Commendation, for the period 5 May 1965 through 4 May 1967, by Department of the Army General Orders (DAGO) Number 48, dated 1968; the Republic of Vietnam Gallantry Cross, with Palm Unit Citation, by DAGO Number 51, dated 1971; and the bronze arrowhead device to denote participation in a combat parachute jump. The bronze arrowhead device was awarded by DAGO 18, dated 1979, for an assault landing in the vicinity of Katum, Vietnam, between the hours of 0900 and 0907 hours, inclusive, on 22 February 1967.

20. DA Pamphlet 672-3, also shows that the second unit the applicant was assigned to, Headquarters and Headquarters Detachment, 145th Combat Aviation Battalion, was awarded the Meritorious Unit Commendation for the period 1 January through 31 December 1967 by DAGO 48, dated 1968; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 21, dated 1969, which was amended by DAGO 46, dated 1969.

21. AR 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

22. The above regulation provides, in pertinent part, for award of the Vietnam Campaign Medal. The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or service outside the

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geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

23. The same regulation provides, in pertinent part, for a bronze arrowhead device to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual's assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the soldiers to receive credit for a combat assault and the soldier must physically exit the aircraft or the watercraft as appropriate. The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.

24. AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards. This regulation states that a soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited. Individuals may not wear more than one Republic of Vietnam Gallantry Cross Unit Citation and one Republic of Vietnam Civil Actions Honor Medal Unit Citation; this precludes wear of the Vietnamese fourrageres, which represent additional unit awards.

DISCUSSION AND CONCLUSIONS:

1. The applicant served in Vietnam from 29 April 1966 through 17 August 1968. He is eligible for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal for this service.

2. The applicant participated in six campaigns during his tour of duty in Vietnam. He is therefore entitled to award of one silver service star and one bronze service star to be affixed to his Vietnam Service Medal and to have them shown on his separation document.

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3. There is no evidence, and the applicant has provided none, to show that he was wounded as the result of hostile action, that he required treatment for the wound and that the medical treatment was made a matter of official record. He is therefore ineligible for award of the Purple Heart and to have it added to his separation document, at this time.

4. The applicant was awarded the Combat Infantryman Badge and the Pathfinder Badge. He is therefore entitled to have these already-awarded badges added to his separation document at this time.

5. The applicant was awarded one bronze service star to be affixed to his already-awarded Parachutist Badge, to denote his participation in a combat parachute jump. He is therefore entitled to have this award added to his separation document.

6. The applicant served in units, which were awarded the two Meritorious Unit Commendations; the two awards of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and a bronze arrowhead device to be worn on his Vietnam Service Medal, to denote the unit's assault landing credit, in the vicinity of Katum, Vietnam, on 22 February 1967. These unit awards are not shown on his DD Form 214 because they were awarded after the applicant was released from active duty; nonetheless, he is entitled to these unit awards and to have them added to his DD Form 214 at this time.

BOARD VOTE:

Jl _____ rjo _____ le ______ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. 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 Vietnam Service Medal, with a bronze arrowhead device, one silver service star, and one bronze service star, to denote his assault landing and his campaign participation credit; the Parachutist Badge,

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with one bronze service star, to denote his combat parachute jump, in the vicinity of Katum, Vietnam, on 22 February 1967; the Republic of Vietnam Campaign Medal; two Meritorious Unit Commendations (in effect, the Meritorious Unit Commendation, with one oak leaf cluster); and two awards of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and adding these awards to the applicant's DD Form 214; and

         b. adding the already-awarded Combat Infantryman Badge; the Pathfinder Badge; and the Expert Marksmanship Qualification Badge, with Automatic Rifle (M-16 Rifle) Bar, to the applicant's separation document.

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 denial of so much of the application that pertains to award of the Purple Heart to the applicant at this time.





                  ____Joann Langston____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090660
SUFFIX
RECON
DATE BOARDED	20040212
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 119	107.0073
3. 134	107.0088
4. 157	107.0111
5. 166	107.0120
6.