PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 December 2000
	DOCKET NUMBER:   AR2000045072

	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	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Gail J. Wire		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 military records be corrected to show award of the Purple Heart (PH) and all other awards earned for service in the Republic of Vietnam (RVN).

3.  The applicant states that the awards he earned during his service in the RVN are not shown on his separation document (DD Form 214).  In support of his application he provides a copy of his DD Form 214 and a certificate showing he was awarded the PH for wounds received on 9 February 1968 while in the RVN.

4.  The applicant’s military records show that he enlisted in the Army for 3 years on 5 February 1965.  He successfully completed his initial training and was assigned for duty as a light weapons infantryman (11B).  His first permanent assignment was to Europe, where he reenlisted for another 3-year period on       7 February 1966.

5.  The applicant was absent without leave (AWOL) for 8 days from 9 to 17 August 1967.  There is no available record of his punishment.

6.  The applicant was assigned to the RVN on 10 January 1968 for duty with Company A, 1st Battalion, 35th Infantry, 4th Infantry Division.  He was wounded in action on 9 February 1968, sustaining a gunshot wound to the right leg.  He was medically evacuated on 29 February 1968.

7.  The applicant’s next assignment was to the Republic of Korea, where he served from 29 March 1968 to 2 January 1969.

8.  On 13 February 1970 he was honorably released from active duty.  He completed 5 years and 1 day of creditable active duty and attained the rank of specialist four.  His reenlistment eligibility code 3B (RE-3B) reflects his ineligibility to reenlist without a waiver due to lost time.  Item 38 (Record of Assignments) of his Enlisted Qualification Record (DA Form 20) shows that he received excellent conduct and efficiency ratings in all assignments with the exception of one assignment when he received a rating of fair conduct and good efficiency.

9.  The applicant’s DD Form 214 shows that he was awarded the National Defense Service Medal and the Marksmanship Qualification Badge (Expert) with Rifle Bar.

10.  Army Regulation 672-5-1 provides, in pertinent part, that the PH 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.

11.  Army Regulation 672-5-1 provides, in pertinent part, that the Good Conduct Medal (GDCM) 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 GDCM, disqualification must be justified.  Current practice requires that the commander provides written notice of unfavorable consideration and permit the individual to respond.  

12.  Army Regulation 672-5-1 provides, in pertinent part, that the Armed Forces Expeditionary Medal (AFEM) is awarded to all members of the Armed Forces of the United States serving in the Republic of Korea from 1 October 1966 through 30 June 1974.  The AFEM is awarded to those individuals serving for not less than 30 consecutive days in the area of operations.

13.  Army Regulation 672-5-1 provides, in pertinent part, that to be eligible for the Combat Infantryman Badge (CIB) an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform primary duties as an infantryman, as a member of an infantry unit of brigade, or smaller size, during any period in which that unit was engaged in active ground combat.  Battle participation credit alone is not sufficient. 

14.  Army Regulation 672-5-1 provides, in pertinent part, that the Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States serving in the RVN and contiguous waters or airspace thereover, after 3 July 1965 through 28 March 1973.  To qualify for award of the VSM an individual must be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.

15.  Army Regulation 672-5-1 provides, in pertinent part, that the Republic of Vietnam Campaign Medal VCM) with Device (1960) is awarded to members of the United States Armed Forces who served in the RVN for 6 months or more from 1 March 1961 through 28 March 1973.  It is also awarded to those members serving less than 6 months who were wounded, captured or killed by hostile forces.

16.  Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation Badge for service in the RVN to Headquarters, United States Army Vietnam and its subordinate units during the period from 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1.  The applicant’s records clearly shows that he was wounded in action by the enemy on 9 February 1968 while serving in the RVN.  Accordingly, he meets the criteria for award of the PH.

2.  The available evidence of record shows that the applicant held an infantry MOS, served in combat with an infantry unit of brigade or smaller size, and engaged the enemy in active ground combat.  Therefore, he is entitled to award of the CIB.

3.  The applicant served in the Republic of Korea during a qualifying period of service and is therefore entitled to award of the Armed Forces Expeditionary Medal.

4.  The applicant served in the RVN for a qualifying period of time and is entitled to award of the VSM.

5.  The applicant served in the RVN, where he was wounded in action, and therefore, is entitled to award of the VCM with Device (1960).

6.  The applicant served in a unit in the RVN, subordinate to the Headquarters, United States Army, Vietnam and is, therefore, entitled to award of the RVN Gallantry Cross with Palm Unit Citation Badge.

7.  The Board notes the applicant’s 8 days of lost time and entries in his record showing less than excellent conduct and efficiency.  It therefore concludes that his service on active duty was not of such excellence to qualify for award of the Good Conduct Medal.

8.  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, in particularly the DD Form 214, of the individual concerned, be corrected by showing that he was awarded the Purple Heart, the Combat Infantryman Badge, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

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

__KAK__  ___EWL_  __GJW __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Karol A. Kennedy_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000045072	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001221	
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.