PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            15 December 1999
	DOCKET NUMBER:   AR1999028995

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Mark D. Manning		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 award of the Combat Infantryman Badge, the Bronze Star Medal, the Army Commendation Medal for meritorious service, and the Purple Heart.

3.  The applicant states that he is entitled to the Combat Infantryman Badge and the Army Commendation Medal for meritorious service because he served over 60 days in combat.  He states that he received the Purple Heart in the hospital for wounds sustained on 20 May 1969.  In support of his application, the applicant submitted a 7 July 1988 reconstructed witness statement and an 11 August 1988 statement from a former officer who served in Vietnam with the applicant.  Also included was a 19 November 1971 letter from the Department of the Army Inspector General (DAIG) to the same former officer who submitted the witness statement. 

4.  The applicant’s military records show that he was inducted on 23 July 1968 and completed training as a light weapons infantryman in military occupational specialty 11B.  He served in Vietnam from 12 March 1969 to 2 July 1969 and was honorably discharged on 22 March 1970.  

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows only the National Defense Service Medal, the Vietnam Service Medal and the Armed Forces Expeditionary Medal as authorized awards.  His DD Form 214 also states that he was separated from the service on temporary records and a soldier’s affidavit.

6.  There are no orders in the applicant’s records which show that he was awarded the Combat Infantryman Badge.  However, his DA Form 20 (Enlisted Qualification Record) shows that he was assigned to an infantry company in an infantry duty position in Vietnam from 26 March 1969 to 23 May 1969.

7.  There is no evidence of record which shows that the applicant was recommended for or awarded the Bronze Star Medal.  However, the 19 November 1971 letter from the DAIG to the former officer who served with the applicant in Vietnam states that inquiry by the DAIG revealed the applicant was awarded the Bronze Star Medal with “V” Device.

8.  There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal.  There also is no evidence in his records that he was recommended for award of the Army Commendation Medal.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for the Army Commendation Medal.

9.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  However, the applicant’s records do contain a telegram to the applicant’s parents which states that he was slightly wounded in action on 20 May 1969.

10.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency was rated as “excellent” throughout his service.

11.  Review of the applicant’s records indicates that he is entitled to the Vietnam Campaign Medal; however, it is not listed as an authorized award in his records.

12.  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 unit, to which the applicant was assigned, was received award of the Presidential Unit Citation for actions during the period 10 to 21 May 1969 based on Department of the Army General Order Number 16, dated 1972.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 43, dated 1970.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 48, dated 1971.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of 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.

16.  Army Regulation 600-8-22 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 recommendations, approval through the chain of command, and announcement in orders are required.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam 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 more and contributed direct combat support to the Republic of Vietnam and 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.

18.  Army Regulation 600-8-22 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.  

CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry position in an infantry unit in combat in Vietnam; therefore, the applicant is entitled to award of the Combat Infantryman Badge.

2.  There is no evidence of record which shows that he was recommended for or awarded the Bronze Star Medal.  However, the applicant provided a letter from the DAIG which attests to the fact that the applicant received the Bronze Star Medal with “V” Device for valorous actions on or about 10 to 20 May 1969.  The Board has determined that this evidence is sufficient as a basis for award of the Bronze Star Medal with “V” Device.  Therefore, the applicant is entitled to correction of his records to show award of the Bronze Star Medal with “V” Device.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal.  Therefore, the applicant is not entitled to this award.

4.  Evidence of record shows the applicant was wounded as a result of hostile action on 20 May 1969.  Therefore, he is entitled to award of the Purple Heart.

5.  Orders show the applicant was entitled to award of the Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of records to show these awards.

6.  Based on his service in Vietnam and the fact that he was evacuated for wounds, the applicant is entitled to award of the Vietnam Campaign Medal.

7.  The applicant is entitled to the first award of the Good Conduct Medal for the period 23 July 1968 through 22 March 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

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

	a.  by awarding the individual concerned the Combat Infantryman Badge, the Bronze Star Medal with “V” Device, and the Purple Heart; and the first award of the Good Conduct Medal for the period 23 July 1968 through 22 March 1970; and 

	b.  by showing that he was awarded the Vietnam Campaign Medal, the Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

TNK____  EB______  MDM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Thomas N. Kuhn________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028995	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991215	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	OVERSEAS RETURNEE	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.