PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 August 2000                   
	DOCKET NUMBER:   AR2000040441

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Ernest W. Lutz, Jr.		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 DD Form 214, Report of Transfer or Discharge, be corrected to add the Army Commendation Medal (ARCOM), the Purple Heart, and the Combat Infantryman Badge (CIB).

3.  The applicant states that he was awarded the ARCOM and he was wounded in Vietnam.  He provides a citation and certificate showing he was awarded the ARCOM and a VA rating decision as supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on 25 October 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 52B (Power Generator Equipment Operator/Mechanic).

5.  The applicant arrived in Vietnam on 30 November 1968.  He was assigned to the 446th Transportation Company (TC) and performed duties as a 64B20, heavy vehicle driver.  On 23 January 1969, he was awarded primary MOS 64B20 and secondary MOS 52B30.  He departed Vietnam on 24 September 1969 and was 
released from active duty on 25 September 1969 after completing 2 years and     1 day of credible active service with no lost time.  His DA Form 20, Personnel Qualification Record, shows his conduct and efficiency ratings throughout his period of service as “excellent.”  His DA Form 20 does not show he was wounded in action.  The U. S. Total Army Personnel Command could not find a General Order awarding the applicant the ARCOM.

6.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  It stated that the Purple Heart is awarded for a wound 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.  It stated that the Combat Infantryman Badge was awarded to a soldier who was an infantryman satisfactorily performing infantry duties, who was assigned to an infantry unit during such time as the unit was engaged in active ground combat, and must have actively participated in such ground combat.

7.  Department of the Army Pamphlet 672-3 shows the 446th TC was awarded the Meritorious Unit Citation (MUC) for the period 1 July 1969 - 31 May 1970.  DA Form 1577, Authorization for Issuance of Awards, dated 29 November 1993 shows the applicant was authorized to wear the Republic of Vietnam Gallantry Cross with Palm unit citation.
8.  On 22 February 2000, the VA found that the applicant received a facial wound as a result of combat action.  The VA had done a thorough investigation into the applicant’s claim of a combat wound.  It noted that in 1992 the applicant had claimed that while in a truck convoy the convoy had been ambushed and while escaping from the ambush the truck was riddled with bullet holes and his face had been cut on both cheeks by glass or bullet fragments.  He further claimed that he received stitches on his face at his base medical station that evening.  In February 1993, the VA received documents from the Army Environmental Support Group (ESG) that indicated the 446th TC operated in hostile areas while the applicant was assigned and that members of the unit were ambushed in May 1969.  Two unit members were wounded that month and eight Bronze Star Medals had been awarded.  In April 1996, the VA received unit records from the National Archives and Records Administration.  According to a July 1969 unit report of recommendation for a unit citation, during 1968 and early 1969 the 446th TC awarded 30 Purple Hearts and nine Bronze Star Medals.  The report noted that since May 1968 the unit had lost ten tractors due to landmines, one tractor due to direct rocket hit and nine trailers due to rockets, artillery and mortars.  The report noted that some of the accomplishments of the officers and men were listed in the recommendation but many more were not mentioned.  The report noted that on 29 April 1969, two vehicles were damaged in an ambush near Quan Loi.  The VA concluded that the record corroborated the applicant’s account of being ambushed while driving supplies to an outlying area and resolved any remaining doubt by finding that he did participate in combat as alleged.  The VA also found that the evidence favored his claim for service connection for residuals of a facial wound.

CONCLUSIONS:

1.  The evidence of record shows that the applicant did not hold an infantry MOS nor was he assigned to an infantry unit.  While the evidence shows that his unit certainly performed its duties under combat conditions while in Vietnam, those duties do not qualify him for award of the CIB.

2.  The Board accepts the VA’s determination that the applicant received facial wounds as a result of combat action and concludes that their determination is sufficient to conclude he met the eligibility criteria for award of the Purple Heart.

3.  Although the General Order awarding the applicant the ARCOM is not available, the Board concludes that he was awarded the ARCOM based upon the provided award certificate, award citation, and his “excellent” conduct and efficiency while in Vietnam.

4.  The Board also concludes that the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 25 October 1967 through 25 September 1969.
5.  The evidence of record also shows that the 446th TC was awarded the Meritorious Unit Citation during a period of time the applicant was assigned to the unit.  The unit was also awarded the Republic of Vietnam Gallantry Cross with Palm.

6.  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 by:

     a.  awarding the applicant the Army Good Conduct Medal for the period        25 October 1967 through 25 September 1969 and the Purple Heart;

     b.  showing that the applicant was awarded the Army Commendation Medal; and

     c.  adding the Purple Heart, the Army Good Conduct Medal, the Army Commendation Medal, the Meritorious Unit Citation and the Republic of Vietnam Gallantry Cross with Palm to the applicant’s DD Form 214.

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

BOARD VOTE:  

__dsj___  __kak___  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Deborah S. Jacobs
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000040441	
SUFFIX		
RECON		
DATE BOARDED	20000801	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0015	
3.		
4.		
5.		
6.