PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                13 February 2001              
	DOCKET NUMBER:       AR2000048498

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. Harry B. Oberg		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal with “V” Device, 
the Purple Heart, and the Good Conduct Medal.

3.  The applicant states that he was awarded the Army Commendation Medal for heroism and the Purple Heart while he was in the Army.  He also states he was not given the Good Conduct Medal.  He contends that an administrative error was made by not including these awards on his DD Form 214.  Also, he states that he was not aware that he could ask for correction of his records until now and that he should have been told at the time of his discharge.  The applicant submits a copy of orders for award of the Army Commendation Medal with “V” Device in support of his application.

4.  The applicant’s military records show that he was inducted in the Army on 1 June 1966.  He attended basic combat training at Fort Benning, Georgia and was transferred to Fort Jackson, South Carolina to complete advanced individual training (AIT) in military occupational specialty 11H (infantry direct fire crewman).
Upon completion of AIT, the applicant was reassigned to the Overseas Processing Detachment in Fort Dix, New Jersey for further assignment to Vietnam.  The applicant served in Vietnam from 29 July 1968 through 17 February 1969 and was honorably released from active duty on 18 February 1969.

5.  The applicant’s DD Form 214 does not show the Army Commendation Medal with “V” Device, the Purple Heart or the Good Conduct Medal as authorized awards.

6.  The applicant provided a copy of Headquarters, 25th Infantry Division General Orders Number 7687, dated 28 October 1968, which awarded him the Army Commendation Medal with “V” Device for actions on 18 August 1968 in Vietnam. 

7.  The orders for the Army Commendation Medal with “V” Device for actions on 18 August 1968 describe the event for which the applicant received this award.  In pertinent part, the orders state “When his unit came under an intense enemy attack, [applicant] was wounded in the initial exchange of fire.  With complete disregard for his own safety, he remained at his position and continued to place devastating fire on the advancing enemy.” 

8.  There is no evidence in the applicant’s personnel records that he was recommended for or awarded the Good Conduct Medal.  However, his records show one nonjudicial punishment (NJP) for being absent without leave (AWOL) for 33 days and one special court-martial for being AWOL for 272 days. 

9.  The Board noted the applicant is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Combat Infantryman Badge which are also not shown on his discharge document.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

11.  The applicant’s personnel records show he was awarded an infantry MOS upon completion of AIT.  Records show he served in an infantry duty position while assigned to the 25th Infantry Division during combat in Vietnam.

12.  Army Regulation 600-8-22 provides, in pertinent part, 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, and the medical treatment must have been made a matter of official record.

13.  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.  

14.  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.

CONCLUSIONS:

1.  Orders show the applicant was awarded the Army Commendation Medal with “V” Device for actions on 18 August 1968 in Vietnam; therefore, he is entitled to 

correction of his DD Form 214 to show award of the Army Commendation Medal with “V” Device.

2.  The Board finds the orders for award of the Army Commendation Medal with “V” Device for actions on 18 August 1968 in Vietnam, which states that the applicant was wounded by hostile action in combat, is sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show award of the Purple Heart.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the first award of the Good Conduct Medal.  However, the Board determined that the applicant’s extensive AWOL period and disciplinary record disqualified him for award of the Good Conduct Medal.  Therefore, he is not entitled to correction of his records to show award of the Good Conduct Medal.

4.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  Evidence of record shows the applicant was awarded an infantry MOS and served in an infantry duty position with the 25th Infantry Division during combat in Vietnam; therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this award.

6.  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 by showing the individual concerned was awarded the Army Commendation Medal with “V” Device, the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Combat Infantryman Badge.

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

BOARD VOTE:  

JH______  SP______  HBO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		June Hajjar___________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048498	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010213 	
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.	107.0015	
2.	107.0020	
3.	107.0056	
4.		
5.		
6.