PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 DECEMBER 2002                  
	DOCKET NUMBER:   AR2002068804

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi 		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Conrad V. Meyer		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 reflect award of the Purple Heart, Combat Infantryman Badge, Bronze Star Medal, the appropriate number of "campaign stars" on his Vietnam Service Medal, the Combat Action Ribbon, and an undefined "V" award.  The applicant states he was wounded in action and is now "getting compensation for wounds."  He also notes that he was awarded the Bronze Star Medal and has "it at home," but it is not on his separation document.  The applicant indicated that he submitted a copy of a Department of Veterans Affairs document, indicating a shell fragment wound, in support of his request, but that document was not included with the application received by the Board.

3.  Records available to the Board indicate the applicant entered active duty on 16 January 1967.  He was trained as an infantryman (11B) and in October 1967 was reassigned to Vietnam with the 3rd Battalion of the 503rd Infantry, as part of a unit reassignment.

4.  Upon his arrival in Vietnam, the applicant initially performed duties as a radio telephone operator, was subsequently assigned duties as an ammunitions specialist and ultimately assumed duties as a team leader.  In spite of the variety of duty titles, the applicant's duty specialty remained 11B throughout his tour of duty in Vietnam.

5.  In February 1968 the applicant was promoted to pay grade E-4 in specialty 64A (light vehicle driver).  In November 1968 he was promoted to pay grade E-5 in specialty 11B (infantryman).

6.  On 5 June 1969 the applicant sustained fragment wounds to his back and shoulder as a result of hostile actions.  His wounds were confirmed in item 40 (wounds) on his Department of Army Form 20 (Enlisted Qualification Record) and in a unit casualty report.  His name is also among those listed as casualties during the Vietnam War.  There is, however, no indication that he was ever awarded the Purple Heart.

7.  The applicant departed Vietnam in August 1969.  Prior to his departure he was awarded two Army Commendation Medals.  However, only one award is recorded on his separation document.  On 21 August 1969 the applicant was released from active duty, with an honorable characterization of service, in pay grade E-5.

8.  Army Regulation 600-8-22 (Military Awards) 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:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry specialty.  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 specialty 11B, 11C, 11F, 11G, or 11H.

10.  Additionally, Army Regulation 600-8-22 provides that the Bronze Star Medal 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.  There is no evidence the applicant was recommended for, or awarded the Bronze Star Medal.

11.  Participation in designated campaign periods during the Vietnam War were denoted by bronze service stars affixed to the Vietnam Service Medal.  A silver service star represented five designated campaigns.  The applicant participated in seven campaigns (Vietnam Counteroffensive Phases III through VI, TET Counteroffensive, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969) during his tour duty in Vietnam.  He is entitled to one silver service star, and two bronze service stars, on his Vietnam Service Medal.

12.  The Combat Action Ribbon is awarded to members of the Navy, Marine Corps, and Coast Guard (when the Coast Guard or units thereof operate under the control of the Navy) in the grade of captain/colonel and junior thereto, who have actively participated in ground or surface combat. Upon submission of evidence to their commanding officer, Navy, Marine Corps, or Coast Guard personnel who earned the Combat Infantryman Badge or Combat Medical Badge while a member of the United States Army may be authorized to wear the Combat Action Ribbon. 

13.  Army Regulation 600-8-22 indicates that a "V" device is a bronze block letter worn to denote participation in acts of heroism involving conflict with an armed enemy.  Originally it was only worn on the Bronze Star Medal to denote an award 

made for heroism (valor) but subsequently it was authorized for wear on the Air Medal, Army Commendation Medal, and Joint Service Commendation Medal when the award was for heroic acts or valorous deeds.

14.  Army Regulation 600-8-22 provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  Although the applicant was punished one time under Article 15 of the Uniform Code of Military, in December 1968, for selling cigarettes to a foreign national, his conduct and efficiency ratings throughout his military service were excellent.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal.

15.  A review of Department of the Army Pamphlet 672-3 notes that the applicant's unit (3rd Battalion, 503rd Infantry) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, while the applicant was a member of the organization.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded on 5 June 1969 as a result of hostile action.  He should be awarded the Purple Heart.

2.  The evidence also confirms that although the applicant's separation document indicates he was awarded one Army Commendation Medal, he was in fact awarded two.  His records should be corrected accordingly.

3.  The applicant performed duties as an infantryman (11B) throughout the duration of his tour of duty in Vietnam.  The Board notes that he was assigned to an infantry unit.  The fact that he was wounded in action is considered sufficient evidence to confirm that he actively participated in ground combat.  The Board concludes that the applicant met the qualification for award of the Combat Infantryman Badge and his records should be corrected accordingly.

4.  The Board also notes that the applicant is entitled to a silver service star and two bronze service stars on his Vietnam Service Medal, the Republic of Vietnam 

Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  Although the applicant may have been punished one time under Article 15 of the Uniform Code of Military Justice, there is no evidence of any other misconduct or disciplinary action.  The Board also notes that in spite of this single infraction, the applicant's conduct and efficiency ratings were consistently excellent.  The Board contends, particularly in view of the fact that the applicant was wounded in action and awarded two Army Commendation Medals, that he met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 16 January 1967 through 21 August 1969.

6.  There is no evidence, and the applicant has not provided any, that he was ever recommended for, or awarded a Bronze Star Medal.  Additionally, while it is unclear what award the applicant was referring to when he requested that his records be corrected to reflect a "V" award, there is no evidence he was ever recommended for, or awarded a decoration for valor or heroism.  In the absence of such evidence, the Board finds no basis to award the applicant a Bronze Star Medal or a decoration for valor or heroism.

7.  The Board notes that the Combat Action Ribbon is a Navy/Marine Corps award and as such, would not be awarded to a member of the United States Army, unless that individual subsequently enlisted in the Navy/Marine Corps after having been awarded the Combat Infantryman Badge or Combat Medal Badge while a member of the Army.  

8.  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:

a.  by awarding the individual concerned the Purple Heart for wounds sustained on 5 June 1969;

b.  by showing that he was awarded two awards of the Army Commendation Medal;

c.  by awarding him the Combat Infantryman Badge;

d.  by awarding him the Army Good Conduct Medal for the period 
16 January 1967 through 21 August 1969; 

e.  by showing that he is entitled to the a silver service star and two bronze service stars on his Vietnam Service Medal; and

f.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

__CLA __  __TSK __  __CVM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068804	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021210	
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.	107.00	
2.		
3.		
4.		
5.		
6.