PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 December 2000                   
	DOCKET NUMBER:   AR2000046764

	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. June Hajjar		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Richard T. Dunbar		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 Report of Transfer or Discharge, DD Form 214, be corrected to add the Vietnam Service Medal with 3 bronze service stars and that he be awarded the Purple Heart.

3.  The applicant states that he was wounded in the leg by an M-72 grenade launcher during a firefight.  The medic took care of him in the field and he kept on fighting.  He provides no supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on 24 August 1966.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant’s Personnel Qualification Record, DA Form 20, item 31 shows that he was assigned to Vietnam on 14 February 1968.  The completion date of his tour is blank.  Item 38 does not show that he was in Vietnam.

6.  Orders on file show that the applicant was initially to be assigned to Headquarters and Headquarters Company, 173d Airborne Brigade, APO San Francisco 96250 with a report date of 16 March 1967.  Further orders show that he was released from assigned not joined and assigned to the 101st Airborne Division, Fort Campbell, KY.  In November 1967, he was assigned to Company C, 2d Battalion, 508th Infantry, Fort Bragg, NC.  Orders dated 13 February 1968 assigned him to Company C, 1st Battalion, 505th Infantry.

7.  Promotion to Specialist Four orders dated 10 April 1968 show he was assigned to Company C, 1st Battalion, 505th Infantry, Vietnam.

8.  The applicant’s service medical records do not indicate that he was treated for a leg injury while in Vietnam.  He completed a separation physical examination on 15 July 1968.  On his Report of Medical History, SF Form 89, he checked that he never had any illness or injury other than those already noted.  The only illness noted on the form was minor ear trouble.

9.  On 22 July 1968, the applicant was honorably separated as an early separation for overseas returnee.  He had completed 1 year, 10 months, and    23 days of creditable active service and had 6 days of lost time.  His DA Form  20 shows that his conduct and efficiency were rated as “excellent” throughout his service.

10.  Department of the Army Pamphlet 672-1 shows three campaigns listed for the period of time the applicant was apparently in Vietnam:  TET Counteroffensive 30 June 1967 - 1 April 1968; Vietnam Counteroffensive    Phase IV 2 April - 30 June 1968; and Vietnam Counteroffensive Phase V            1 July - 1 November 1968.  It also shows that the 1st Battalion, 505th Infantry   was awarded the Republic of Vietnam Civil Actions Honor Medal First Class for the period 12 March – 4 October 1968.  Effective 1974, all units stationed in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm.

11.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It also states that 1 day of service in Vietnam during the authorized period entitled a soldier to award of the Vietnam Service Medal.

12.  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.

CONCLUSIONS:

1.  The evidence of record shows that the applicant served in Vietnam although the time period is not clear.  Orders dated 13 February 1968 show that he was reassigned to Company C, 1st Battalion, 505th Infantry, Fort Bragg, NC.  His DA Form 20 shows he arrived in Vietnam on 14 February 1968.  Orders dated 10 Aril 1968 show that he was in Company C, 1st Battalion, 505th Infantry, Vietnam when he was promoted to Specialist Four.  The Board therefore presumes that his unit was reassigned to Vietnam on 14 February 1968.  The date of his return from Vietnam is less clear.  However, he was separated early as an overseas returnee on 22 July 1968.  The Board presumes that he was not returned to the States for separation processing much earlier than this date and that most likely he was still in Vietnam when the Vietnam Counteroffensive Phase V began on 1 July 1968.  Therefore, the Board concludes that he is entitled to award of the Vietnam Service Medal with three bronze service stars.

2.  There is no evidence of record to show that the applicant was wounded while in Vietnam.  When the applicant completed his SF Form 93, he did not note that he had received any injuries, combat-related or not.

3.  Although the record shows that the applicant had 6 days of lost time, it also shows that his conduct and efficiency had been rated as “excellent” throughout his service.  At the time, that was the only eligibility requirement for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal for the period 24 August 1966 - 22 July 1968.

4.  The applicant is also entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class and the Republic of Vietnam Gallantry Cross with Palm.

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 by awarding the applicant the Army Good Conduct Medal for the period 24 August 1966 – 22 July 1968.

2.  That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Civil Actions Honor Medal First Class, and the Republic of Vietnam Gallantry Cross with Palm.

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

BOARD VOTE:  

__jh____  __hof___  __rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046764	
SUFFIX		
RECON		
DATE BOARDED	20001214	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0073	
3.		
4.		
5.		
6.