PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           13 July 2000      
	DOCKET NUMBER:   AR2000036615

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 reflect award of the Combat Infantryman Badge, a Bronze Star Medal, the Purple Heart and additional Air Medals.  He makes no statement regarding the basis for the awards and submits no evidence in support of his request.  His request to have his date of birth corrected was administratively accomplished in 1979 and as such will not be addressed by the Board.

3.  Records available to the Board indicate he entered active duty on 27 February 1970 and successfully completed basic and advanced individual training prior to be assigned to Vietnam as an infantryman in August 1970.  He was initially assigned to Company C, 2nd Battalion, 21st Infantry but was transferred to the 1st Battalion (Airmobile), 506th Infantry in November 1970.  While in Vietnam the applicant was awarded the Combat Infantryman Badge, two awards of the Army Commendation Medal and an Air Medal.  Orders confirming those awards are contained in the applicant's Official Military Personnel File (OMPF).

4.  The applicant returned to the United States in August 1971 and on 
15 December 1971 was honorably discharged in the grade of E-4.  His award of the Combat Infantryman Badge was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

5.  The applicant's conduct and efficiency ratings throughout his service were either good or excellent and he was punished only once under Article 15 of the Uniform Code of Military Justice (UCMJ) for sleeping on post.  Neither his separation physical examination nor his DA Form 20 (Enlisted Qualification Record) indicate he was wounded as a result of hostile action.

6.  Army Regulation 600-8-22 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.

7.  Army Regulation 600-8-22 also provides that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  The Air Medal is awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations).  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (1st Battalion, 506th Infantry) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm during his tenure with the organization.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Combat Infantryman Badge while in Vietnam but it was omitted from his DD Form 214.

2.  The Board notes that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 15 December 1971 when he was honorably discharged from active duty.  While he did receive one Article 15 under the UCMJ that appears to have been an isolated incident.  There is no evidence in the applicant's OMPF that his commander ever disqualified him for award of the Good Conduct Medal.  As such the Board concludes it would be in the interest of justice to award him the Army Good Conduct Medal for the period 
27 February 1970 through 15 December 1971.

3.  The Board also notes that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm based on his service with the 506th Infantry while in Vietnam.

4.  There is no evidence, and the applicant has not provided any, which confirms he was ever wounded as a result of hostile action and as such there is no basis to award him the Purple Heart.  Additionally, there is no evidence, and the applicant has not provided any that he was ever recommended for or awarded the Bronze Star Medal or any additional awards of the Air Medal.

5.  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 showing that the individual concerned was awarded the Combat Infantryman Badge;

b.  by awarding him the Army Good Conduct Medal for the period 
27 February 1970 through 15 December 1971; and

c. by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:  

___jlp_  ___mhm__  ___jea__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000036615	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000713	
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.		
3.		
4.		
5.		
6.