PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2003091650


         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. Roger W. Able		Chairperson
Mr. Larry C. Bergquist		Member
Ms. Barbara J. Ellis		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 he be awarded the Bronze Star Medal, the Army Commendation Medal, and the Purple Heart and that these awards be added to his DD Form 214.

3. The applicant states, in effect, that he received these awards but that he has no evidence in his possession. The information, he states, is in his records at the NPRC (National Personnel Records Center).

4. The applicant submitted a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, in support of his application.

5. The applicant’s military records show that the applicant was inducted in the Army of the United States on 28 January 1969. He received his basic combat training at Fort Knox, Kentucky, and his advanced individual training at Fort Polk, Louisiana. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.

6. The applicant was assigned to and arrived in Vietnam on 18 July 1969. He was assigned to Company D, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade. He remained with that unit until he completed his overseas tour and returned to the United States on 17 July 1970.

7. The applicant was honorably released from active duty on 27 January 1971 at the expiration of his term of service. He was transferred to the US Army Reserve Control Group (Reinforcement) in the rank and pay grade, Sergeant, E-5. On his release from active duty, he had 2 years active Federal service with no lost time.

8. Block 10c. (Date Inducted), of his DD Form 214, shows the date 28 January 1968. The applicant's DD Form 47, Record of Induction, shows he was inducted on 28 January 1969.

9. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows that he was awarded the following: National Defense Service Medal; Vietnam Service Medal; the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the First Class Gunner Qualification Badge with M-60 Machine Gun Bar (now known as the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60). The Bronze Star Medal, the Army Commendation Medal, and the Purple Heart are not shown on the DD Form 214.

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10. The applicant was awarded the Good Conduct Medal in General Orders Number 9 published by Headquarters, 1st Infantry Division (Mech) and Fort Riley, Fort Riley, Kansas, on 8 January 1971. The Good Conduct Medal is not shown on the applicant's DD Form 214.

11. While in the Republic of Vietnam, the applicant participated in the following four campaigns: 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; the DA Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

12. Army Regulation (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 affixed to the appropriate service medal, in this case, the Vietnam Service Medal.

13. The applicant's name does not appear on the Vietnam Casualty List.

14. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Bronze Star Medal or the Army Commendation Medal. There are no orders in the applicant's military personnel records awarding him these decorations.

15. Item 40 (Wounds), of the applicant's DA Form 20 (Enlisted Qualification Record), is blank. There is no entry in Item 41, 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.

16. AR 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

17. The above regulation 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 required medical treatment; and (c) the medical treatment was made a matter of official record.

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18. This same regulation provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

19. The regulation also provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.

20. 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 that the unit the applicant served with in
Vietnam: D Company, 1st Battalion, 52nd Infantry Regiment, was awarded 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 Department of the Army General Orders (DAGO) Number 42, dated 1972. The applicant's DD Form 214 does not show this unit award as an authorized award.

21. Army Regulation 670-1, in effect at the time, governed the requirements for the overseas service bar. In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. One overseas service bar is authorized for each six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone. The applicant arrived in the Republic of Vietnam on 18 July 1969 and departed on 17 July 1970.

CONCLUSIONS:

1. The Board noted that the applicant's DD Form 214 incorrectly shows his date of induction as 28 January 1968; however, it is restricted from taking action to correct this entry without the applicant's request to do so. The applicant's creditable service (2 years, 0 months, and 0 days) was correctly calculated.

2. There is no evidence and the applicant has provided none that he was

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wounded in action against a hostile force while in the Republic of Vietnam. He is therefore not eligible for award of the Purple Heart and to have it added to his
DD Form 214.

3. There is no evidence and the applicant provided none to show he was awarded the Bronze Star Medal and the Army Commendation Medal while he served on active duty. He is therefore not eligible for award of the Bronze Star Medal and the Army Commendation Medal and to have these awards added to his DD Form 214.

4. The applicant was awarded the Good Conduct Medal for the period 28 January 1969 through 27 January 1971. He is entitled to have this award added to his DD Form 214.

5. The applicant participated in four campaigns while he served in the Republic of Vietnam. He is therefore entitled to award of four bronze service stars to be affixed to his Vietnam Service Medal.

6. The applicant served with Company D, 1st Battalion, 52nd Infantry Regiment, during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant's DD Form 214 does not show this unit award as an authorized award. It would be appropriate to add this unit award to his
DD Form 214 at this time.

7. The applicant served in the Republic of Vietnam from 18 July 1969 through 17 July 1970. He is therefore eligible for award of 2 overseas service bars. It would be appropriate to add them to his DD Form 214 at this time.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by:

         a. deleting the Vietnam Service Medal from Block 24 of the applicant's DD Form 214;

b. awarding the applicant the Vietnam Service Medal with four bronze service stars and adding these awards to Block 24 of his DD Form 214;

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         c. awarding the applicant the Republic of Vietnam Gallantry Cross Unit Citation with Palm and 2 overseas service bars, and adding these awards to his DD Form 214; and

         d. adding the already awarded Good Conduct Medal to the applicant's separation document.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___be___ ___lb ___ __ra ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Roger W. Able______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091650
SUFFIX
RECON
DATE BOARDED	2003/07/10
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 60	107.0014
3. 61	107.0015
4. 66	107.0020
5.
6.