RECORD OF PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 25 March 2004
         DOCKET NUMBER: AR2003091345


         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Lester Echols		Member
Mr. Thomas E. O'Shaughnessy		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 award of the Purple Heart and the Good Conduct Medal.

2. The applicant states he is entitled to but never received the Good Conduct Medal. He also states that he was not awarded the Purple Heart for wounds received while he was loading wounded onto an evacuation helicopter, following the incident for which he was awarded the Bronze Star Medal.

3. The applicant provides a copy of the citation for his award of the Bronze Star Medal and a newspaper clipping of the receipt of several awards.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an alleged error which occurred on 25 May 1970. The applications submitted in this case are dated 13 May 2003 with a second submission on 16 July 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 entered active duty on 8 August 1968, successfully completed training and was awarded the military occupational specialty (MOS) 11C (infantry direct fire crewman) with secondary training as an 11H (infantry indirect fire crewman).

4. The applicant served in Vietnam from 10 January 1969 to 10 January 1970 with first, Company E then, Company B of the 3^rd Battalion, 8^th Infantry Regiment, 4^th Infantry Division.

5. On 24 June 1969 the applicant was awarded the Bronze Star Medal with “V” Device for his actions on 9 May 1969. The citation does not indicate that the applicant received any wounds during this engagement.

6. The applicant was released from active duty and transferred to the Reserve on 25 May 1970. He had 1 year, 10 months, and 18 days of creditable service.


7. The applicant’s DD Form 214 (Report of Transfer or Discharge) lists his awards as the Bronze Star Medal with ”V” Device, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Air Crewman Badge, the Expert Badge with Rifle and Pistol Bar, and the Sharpshooter Badge with Rifle Bar.

8. The applicant’s DA Form 20 (Enlisted Qualification Record shows at:

a. Item 38 (record of assignments) that he served in Vietnam first with Company E and later with Company B, 3^rd Battalion, 8^th Infantry Regiment, 4^th Infantry Division from 22 January 1969 through 10 January 1970.

b. Item 38 also lists his conduct and efficiency ratings as exclusively excellent.

c. Item 39 (campaigns) shows he served during three campaign periods.

d. Item 40 (awards) lists his awards as the Bronze Star Medal with “V” Device, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Air Crewman Badge.

e. Item 40 also shows that he qualified as an expert with the pistol, M-16 rifle, 90 mm recoilless rifle, the 106 mm recoilless rifle, and as a sharpshooter with the M-14 rifle.

9. A review of the Vietnam Casualty List does not show the applicant as having been treated for any combat injuries.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the units, to which the applicant was assigned, were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

11. Army Regulation 600-8-22 (Military Awards) sets forth the policies and provisions for award of military awards and decorations. In pertinent part it provides at:

a. Paragraph 2-8, that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

b. Chapter 4, 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. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than excellent was disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond. At that time, unfavorable consideration was normally noted on the DA Form 20.

c. Paragraph 8-44, for award of basic marksmanship qualification badge. 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. Only one qualification badge Table 8-2 lists the weapons fro which a bar is authorized. Included in the list are the pistol, rifle, and recoilless rifle.

d. Paragraph 9-11, that normally when a unit is cited, only the organizational color, distinguishing flag, or guidon is decorated. Unless specifically authorized by orders of the foreign government and approved by Commanding General, Personnel Command, no emblem is issued but may be purchased for wear on the uniform. The emblems so far authorized include the Republic of Vietnam Gallantry Cross Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

e. Paragraph 9-27, the authorization for wearing of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, which was awarded by the Vietnamese government as a unit award for valorous combat achievement.

f. Paragraph 9-28, the authorization for wearing of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which was awarded by the Vietnamese government for meritorious service.





DISCUSSION AND CONCLUSIONS:

1. There is no indication that the applicant was disqualified for award of the Good Conduct Medal. He distinguished himself by his conduct, efficiency and fidelity as demonstrated by his excellent conduct and efficiency ratings and the award of the Bronze Star with “V” Device.

2. Therefore, it is appropriate to award him the Good Conduct Medal for the period 8 August 1968 through 25 May 1970.

3. The applicant qualified as an expert with the pistol, M-16 rifle, 90 mm recoilless rifle, the 106 mm recoilless rifle, and as a sharpshooter with the M-14 rifle. His DD Form 214 does not list his qualification on the two recoilless rifles. Although uniform regulations state that only the most current level of qualification badge is to be worn and that only one weapon’s bar for each weapons system is to be worn, it is appropriate to correct the applicant’s records to show that he did qualify on the different types of weapons for which the same bar is used.

4. Therefore, it is appropriate to correct the applicant’s records to show that, in addition to his other weapons qualification, the applicant was authorized the Expert Badge with Recoilless Rifle Bar for the 90 mm recoilless rifle and the 106 mm recoilless rifle.

5. The evidence of record shows that the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6. There is no supporting documentation to indicate that the applicant received any combat wounds while serving in Vietnam. Therefore, award of the Purple Heart is not warranted.


BOARD VOTE:

__MHM__ __ALR__ __LCB__ 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 awarding the applicant the Good Conduct Medal.

2. The Board further determined that the evidence presented is sufficient to warrant correcting his records to show that in addition to his other awards he was authorized the Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and that he qualified as expert with the 90 mm recoilless rifle with award of the Recoilless Rifle Bar for wear on his Expert Badge.

3. 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.




                  _ Melvin H. Meyer_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091345
SUFFIX
RECON
DATE BOARDED	20040330
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1.	107 GCM & PH
2.
3.
4.
5.
6.