PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 February 2001
	DOCKET NUMBER:   AR2000048602

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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, in effect, that his records be corrected to include the Bronze Star Medal (BSM) and Purple Heart (PH) awards he received in Vietnam. 

3.  The applicant states, in effect, that he is a Vietnam veteran that was issued both the BSM and PH.  He claims that during a visit to his County veterans service officer, it was pointed out to him that these awards were not included in his separation document.  He was advised by the service officer that these awards could be added to his records by requesting the action from this Board.  Until that time he was unaware of the procedure for correction.  In support of his application he provided the enclosed BSM and PH certificates.  

4.  The applicant’s military records show that he was inducted into the Army of the United States on 21 November 1967 for two years.  He successfully completed basic training at Fort Leonard Wood, Missouri and advanced individual training (AIT) at Fort Polk, Louisiana.  

5.  Upon completion of AIT he was awarded military occupational specialty (MOS) 11B (Infantryman) and was selected to attend noncommissioned officer (NCO) candidate training at Fort Benning, Georgia.  He completed NCO training in July 1968, was promoted to the rank of sergeant (SGT), and was assigned to Fort Polk, Louisiana to serve as an infantry squad leader.  

6.  In October 1968, he was reassigned to Vietnam, where he arrived for duty with Company D, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade, United States Army Pacific (USARPAC) in November 1968.  During his assignment to Vietnam, he served as both a squad leader and forward observer and was promoted to the rank of staff sergeant (SSG) on 7 August 1969.

7.  The applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record) confirms that during his active duty tenure he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), Republic of Vietnam Campaign Medal with 
60 Device (RVNCM/w60dev), and M-14 Rifle Sharpshooter Marksmanship Badge (M-14 Rifle SPSMB). 

8.  In September 1969, the applicant was approved for an early release from active duty in order to attend school and on 7 September 1969 he departed Vietnam for Fort Lewis, Washington for separation processing.  

9.  The evidence or record does include a Department of Defense (DD)
Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was issued to the applicant on the date of his separation from active duty. 

10.  The DD Form 214 verifies that he was inducted into the Army of the United States (AUS) on 21 November 1967 and confirms that he served on active duty until being honorably discharged on 10 September 1969, in the rank of SSG.  It also shows that he served in Vietnam for 10 months and 12 days and that he earned the NDSM, CIB, VCM, VSM, and M-14 Rifle SPSMB during his active duty tenure. 

11.  The applicant’s Military Personnel Records Jacket (MPRJ) does contain a copy of General Order (GO) 9398, dated 15 September 1969, issued by Headquarters, Americal Division, Vietnam, which was published subsequent to the applicant’s separation.  This order confirms that he was awarded the BSM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam between October 1968 and October 1969.   

12.  In support of his application, the applicant provided a BSM certificate, dated 14 October 1969, which indicates he was awarded the BSM for meritorious service in ground operations against hostile forces in the Republic of Vietnam during the period October 1968 to October 1969.  

13.  The applicant also provided a copy of a PH certificate, dated 24 February 1969, issued by the 312th Evacuation Hospital, which indicates he was awarded the PH for wounds received in action on 23 February 1969 in the Republic of Vietnam.  

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  

15.  Paragraph 2-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

16.  Paragraph 3-13 contains guidance on awarding the BSM.  It states, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.
17.  Chapter 4 contains guidance on awarding the Army Good Conduct Medal (AGCM) and indicates that the basis for the award is the immediate unit commander's evaluation of the soldier's character of service based on personal knowledge and knowledge of the individual's official records for prior periods of service under previous commanders. The regulation defines as a qualifying period for the AGCM, for the first award only, service of more than 1 year upon termination of service on or after 27 June 1950.

18.  DA Pamphlet 672-3 (Unit Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with palm (RVNGC/wPalm), via DAGO Number 2, published in 1971.  

19.  It further confirms the applicant should receive campaign credit for his participation in the following four campaigns of the Vietnam Conflict:  Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; TET 69 Counteroffensive; and Vietnam Summer-Fall 1969.  By regulation, a bronze service star (bss) is authorized for wear with the VSM for each campaign for which a member receives participation credit. 

CONCLUSIONS:

1.  The Board noted the applicant’s contention that a BSM and PH he earned in Vietnam was omitted from his records and finds this claim has merit.  In addition, the Board concludes that he is eligible to receive additional awards he did not specifically request.  

2.  By regulation, in order to award a PH, it is necessary to establish that a member was wounded in action, the wound required treatment by a medical officer and this treatment was made a matter of official record.  The Board finds that the PH certificate provided by the applicant, which was issued by the 
312th Evacuation Hospital, sufficiently satisfies the regulatory burden of proof.

3.  The record shows the applicant completed a total of 1 year, 9 months, and 
20 days of honorable active military service.  This more than satisfies the one year qualifying period of service criteria for the first award of the AGCM and there is no suggestion of a disciplinary history that would disqualify him from receiving the award.  Therefore, the Board concludes that it would be appropriate to award him the AGCM for his honorable active duty service from 21 November 1967 to 10 September 1969.  

4.  The evidence or record confirms the applicant’s entitlement to the 
RVNGC/w Palm and to four bronze service stars for his VSM based on his service and campaign participation during the Vietnam Conflict.  Further, the record confirms he earned the BSM for service in Vietnam from October 1968 to October 1969.  Although these awards were all approved and authorized subsequent to the applicant’s separation, the Board concludes it would be appropriate to add them to his record at this time. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  showing that the individual concerned was awarded the PH for wounds he received in action, on 23 February 1969, while serving as a SGT in the Republic of Vietnam;

b.  adding the BSM he earned for meritorious service in ground operations against hostile forces in Vietnam, between October 1968 and October 1969, to his records; 

c.  awarding him the AGCM based on his completion of more than one year of honorable active military service upon his separation on 10 September 1969; 
d.  adding the RVNGC/wPalm and VSM w/4 bss to his records; and 

e.  providing him a corrected separation document that reflects these changes.

BOARD VOTE:  

___tsk __  ___sk ___  __rvo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000048602	
SUFFIX		
RECON		
DATE BOARDED	2001/02/22	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1969/09/10	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON	Early Release-School	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.