PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 June 1999      
	DOCKET NUMBER:   AR1998002451

	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. Loren G. Harrell		Director	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge		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.

2.  The applicant requests that his records be corrected by changing his              DD Form 214 (Report of Separation) to reflect a secondary Military Occupational Specialty (MOS); that he arrived in Vietnam on 18 December 1965; that he performed temporary duty in Vietnam in support of “Operation Shotgun”; and that he was awarded the Good Conduct Medal; the Vietnam Campaign Medal, the Vietnam Service Medal with 2 Bronze Stars; the Civil Actions Honor Medal, the Meritorious Unit Citation; the Valorous Unit Award; the Republic of Vietnam Gallantry Cross with Palm; and 2 Purple Heart Medals. 

3.  The applicant states, in effect, that his military records will reflect entitlement to the foregoing corrections. In support of this request he submitted copies of documents he extracted from his military personnel file. 

4.  The applicant’s military records show that he enlisted in the Regular Army on 27 December 1963, for a period of 3 years.  His DA Form 20 (Enlisted Qualification Record) reflects that he completed basic and individual training at Fort Knox, Kentucky; served approximately 20 months in Hawaii, 4 months in Vietnam (13 January – 4 May 1966), and 7 months at Fort Campbell.  On            14 December 1966, he was honorably discharged under the provisions of Army Regulation 635-200.  His Report of Separation indicates he had 2 years,           11 months and 18 days of creditable service.  His separation document reflects he was entitled to the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge and the Expert Rifle and M-60 Machine Gun Badges.

5.  On 19 June 1989, the applicant was issued the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm.  

6.  Army Regulation 635-5, Separation Documents, indicates, in pertinent part, that only the primary MOS will be entered in item 25a (Specialty Number and Title) on the DD Form 214.  There are no provisions that allow specifying the location or duration of specific assignments covered by the total period of foreign service recorded on the DD 214.  

7.  Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22, provides for the issuance of the Civil Actions Honor Medal, the Meritorious Unit Commendation and the Valorous Unit Award, to those individuals who were assigned to the unit during the period specified for the award.    
9.  Army Regulation 600-8-22, provides for the issuance of the Republic of Vietnam Campaign Medal to individuals who served in the Republic of Vietnam for a period 6 months, during the period 1 March 1961 to 28 March 1973.

10.  Army Regulation 600-8-22, also states that bronze service stars are awarded to indicate participation in designated campaign periods.  The applicant’s record indicates he served in Vietnam during one campaign, the Vietnam Counteroffensive (26 December 1965 – 30 June 1966).  

CONCLUSIONS:

1.  There are no provisions for changing the applicant’s DD 214 to reflect a secondary MOS, nor to list the dates and locations of other assignments.

2.  There is no evidence to show that the applicant ever received or was assigned to units authorized the Civil Actions Honor Medal, the Meritorious Unit Citation or the Valorous Unit Award.

3.  The applicant has failed to show through the evidence submitted with his application that he meets the criteria for award of the Purple Heart.

4.  The applicant’s length of service in Vietnam does not qualify him for award of the Republic of Vietnam Campaign Medal.

5.  His service in Vietnam between 13 January – 4 May 1966, occurred during the Vietnam Counteroffensive which entitles him to a single Bronze Service Star. 

6.  Evidence does confirm that the applicant is entitled to the Good Conduct Medal for the period 27 December 1963 to 14 December 1966, and the Republic of Vietnam Gallantry Cross with Palm based on his service in Vietnam.

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

RECOMMENDATION:

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

a.  by awarding the applicant the Good Conduct Medal for the period      27 December 1963 to 14 December 1966; 

b.  by showing that the applicant was entitled to the Republic of Vietnam Gallantry Cross with Palm; and 

c.  by showing that the applicant was entitled to a single Bronze Service Star on his Vietnam Service Medal.

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

BOARD VOTE:  

__sac___  ___slp__  ___eja__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998002451	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990610	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.  110.00		
3.		
4.		
5.		
6.