PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:            2 December 1998                  
	DOCKET NUMBER:   AC98-10441

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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 to show entitlement to award of an additional Purple Heart.  In addition, he desires his records to reflect award of the Combat Infantryman Badge, the Vietnam Cross of Gallantry with Palm, the Presidential Unit Citation, and credit for campaigns in which he served.

3.  The applicant states the above items were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he enlisted on 28 March 1967.  He completed his required training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from                 1 December 1967 to 12 December 1968 and was honorably separated on         28 March 1970.

5.  The applicant’s DD Form 214 shows only one award of the Purple Heart and does not show the Combat Infantryman Badge, the Vietnam Cross of Gallantry with Palm Unit Citation or Presidential Unit Citation as authorized awards.  His DD Form 214 shows the Vietnam Service Medal with no bronze service stars which indicates the applicant did not receive credit for the campaigns in which he participated.

6.  The Board notes the applicant is eligible for the first award of the Good Conduct Medal and is entitled to the Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award and the Vietnam Civil Actions Honor Medal First Class which are also not shown on his discharge document.

7.  93d Evacuation Hospital, General Orders Number 82, dated 21 March 1968, awarded the first oak leaf cluster to the Purple Heart to the applicant for a gun shot wound to the left knee and shoulder on 20 March 1968.

8.  Department of the Army General Order Number 43, dated 1970, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant.

9.  Department of the Army General Order Number 38, dated 1971, awarded the Presidential Unit Citation to the applicant.

10.  Department of the Army General Order Number 22, dated 1976, awarded the Meritorious Unit Citation and the Valorous Unit Award to the applicant.

11.  Department of the Army General Order Number 48, dated 1971, awarded the Vietnam Civil Actions Honor Medal First Class with Unit Citation to the applicant.

12.  Army Regulation 600-8-22 (Military Awards) shows in Table B-1 the applicant participated in six campaigns during his assignment in Vietnam.

13.  Army Regulation 600-8-22 (Military Awards), indicates, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty. They must have served in active ground combat while assigned or attached to an infantry unit or 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

14.  Army Regulation 600-8-22 (Military Awards), indicates, in pertinent part, that service stars are worn on campaign and service ribbons to denote additional awards.  A silver service star will be worn in lieu of 5 bronze service stars.

15.  Army Regulation 600-8-22 (Military Awards) 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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

CONCLUSIONS:

1.  Evidence shows the applicant’s entitlement to the award of the Purple Heart with the first Oak Leaf Cluster; the first award of the Good Conduct Medal for the period 28 March 1967 to 28 March 1970; the Combat Infantryman Badge; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Presidential Unit Citation; the Meritorious Unit Citation; the Valorous Unit Award; and             6 service stars.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing he was awarded the Purple Heart with the first Oak Leaf Cluster; the first award of the Good Conduct Medal for the period 28 March 1967 to 
28 March 1970; the Combat Infantryman Badge; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Presidential Unit Citation; the Meritorious Unit Citation; the Valorous Unit Award; and 6 service stars.

BOARD VOTE:  

RVO____  GDP____  JHK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON