PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 October 2001                   
	DOCKET NUMBER:   AR2001060917

	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. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O’Shaughnessy, 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 the casualty report pertaining to her brother, a deceased former service member (FSM), be corrected to show his status as  battle casualty.

3.  The applicant states that the FSM was killed in the field trying to save a comrade.

4.  The FSM’s military records show that he was inducted into the Army on        15 April 1964.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 910.00 (later 91B) (Medical Specialist).

5.  The FSM arrived in Vietnam on or about 18 September 1965 and was assigned to Headquarters and Headquarters Battery, 2d Battalion, 12th    Cavalry, 1st Cavalry Division as a medical specialist.  He was killed in action on   4 November 1965.  He was awarded a posthumous Purple Heart and Distinguished Service Cross.  The citation for the Distinguished Service Cross notes that he was on a search and destroy mission when his unit came upon a well-fortified Viet Cong emplacement.  He moved into hostile fire to treat and move two wounded comrades.  During his attempt to treat a third man he was mortally wounded when hit by hostile machine gun fire.  The Report of Casualty, DD Form 1300, item 2 shows he died while on a search and destroy operation but erroneously lists his casualty status as non-battle.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated for his entire period of service.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge could be awarded to Medical Department personnel assigned or attached to infantry units of brigade or smaller size who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire.  The award was established to recognize medical aidmen who shared the same hazards and hardships of ground combat on a daily basis with the infantry soldier.

7.  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; 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; and, for the first award only, for those individuals who died before completing 1 year of active Federal military service if the death occurred in the line of duty.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

8.  Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 12th Cavalry was awarded the Presidential Unit Citation for the period 23 October through 26 November 1965 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 9 May 1969.

CONCLUSIONS:

1.  The DD Form 1300 pertaining to the FSM contains an error in item 2.  It erroneously shows he was a non-battle casualty when he was a battle casualty.

2.  The FSM was eligible for award of the Combat Medical Badge and the Army Good Conduct Medal.  In addition, he was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so was eligible for these awards, also.

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

RECOMMENDATION:

1.  That the DD Form 1300, item 2 pertaining to the FSM be amended to show he was a battle casualty.

2.  That the FSM be posthumously awarded the Army Good Conduct Medal for the period 15 April 1964 – 4 November 1965 and the Combat Medical Badge.

3.  That the applicant be authorized issuance of the Combat Medical Badge, the Army Good Conduct Medal, the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, as available.

BOARD VOTE:  

__slp___  __alr___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060917	
SUFFIX		
RECON		
DATE BOARDED	20011023	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.