PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 June 2002
	DOCKET NUMBER:   AR2001065107

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 include the Bronze Star Medal (BSM), the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

3.  The applicant states that he was awarded the BSM, the PH and the CIB; however, they were omitted from his DD Form 214.

4.  He was inducted into the Army on 28 September 1965.  He successfully completed his training at Fort Leonard Wood, Missouri, and was awarded the military occupational specialty (MOS) of a Pioneer (12A1P).  He then completed airborne training and was transferred to Fort Campbell, Kentucky.  He was assigned to the 503rd Infantry Regiment, 101st Airborne Division and was transferred with his unit to Vietnam on 6 June 1966.  He departed Vietnam on 2 June 1967 and was returned to Fort Campbell.  There is no indication that he was ever awarded the MOS of an infantryman.

5.  His awards include the Parachutist Badge, the Vietnam Service Medal, the Vietnam Campaign Medal w/Device 1960, the National Defense Service Medal, two Overseas Service Bars and the Sharpshooter Badge (Rifle M-14).  He participated in three campaigns while in Vietnam and had excellent conduct and efficiency ratings.

6.  The applicant was honorably discharged on 27 September 1967 and a review of the records, to include his DD Form 214, fails to show that he is entitled to the award of the BSM, the PH or the CIB.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

8.  Army Regulation 600-8-22 also 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  That regulation also prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal(AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing 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 w/palm) Unit Citation for service in Vietnam during the period the applicant served with the unit.

CONCLUSIONS:

1.  There is no evidence in the available records to show that the applicant was ever awarded the MOS of an infantryman necessary to be eligible to earn the CIB.  Additionally, there is no evidence to show that he was ever awarded the CIB, BSM and PH.  Therefore, absent orders or evidence to show he was awarded them, there is no basis to add them to his records.

2.  However, the evidence of record does show that he is entitled to the award of the RVNGC w/Palm Unit Citation and three bronze service stars for campaign participation for wear on his already awarded Vietnam Service Medal.

3.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 28 September 1965 to 27 September 1967.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

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 individual concerned the AGCM for the period of 28 September 1965 to 27 September 1967, the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already awarded Vietnam Service Medal.

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

BOARD VOTE:  

__rwa___  ___jm ___  __rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr__
		        CHAIRPERSON

INDEX

CASE ID	AR2001065107	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  102	107.0056/agcm	
2.  140	107.0094/rvngc	
3.  157	107.0111/cib	
4.  60	107.0014/bsm	
5.  61	107.0015/ph	
6.