PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           12 September 2002                
	DOCKET NUMBER:   AR2002069640

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. William D. Powers		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 military records be corrected to show that he was awarded the Purple Heart, the Bronze Star Medal with “V” device and a 2nd award of the Air Medal.

3.  The applicant states that he was wounded in the right leg on or about 6 September 1969.  He was in the evacuation hospital at Cu Chi when he was given the Purple Heart by a colonel whose name was unknown to him.

4.  The applicant’s military records show that he was inducted on 10 April 1968, was trained as a light weapons infantryman and served in Vietnam with Company B, 2nd Battalion, 18th Infantry, 1st Infantry Division, from 4 September 1968 to 13 March 1970 (as reflected on his Enlisted Qualification Record.  The Vietnam service dates shown on his separation document are incorrect).  He was honorably separated to the US Army Reserve on 14 March 1970 as a sergeant.

5.  Awards reflected on his DD Form 214, Report of Transfer or Discharge, include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Air Medal, the Combat Infantryman Badge and the Vietnam Gallantry Cross with Palm.  Neither, the Bronze Star Medal with “V” device, the Purple Heart nor the Air Medal with 1st oak leaf cluster are shown as authorized awards.

6.  Evidence contained in the applicant’s Official Military Personnel File shows that he was awarded the Bronze Star Medal with “V” device per Headquarters,1st Infantry Division, General Orders Number 12779, dated 5 December 1968, and the first oak leaf cluster to the Air Medal on 29 June 1969, per Headquarters, 1st Infantry Division, General Orders Number 6168.

7.  The record contains no evidence that the applicant was wounded during his Vietnam tour of duty.  

8.  His Enlisted Qualification Record does show that during his service from 10 April 1968 until his separation on 14 March 1970, he had no lost time nor was he the subject of any disciplinary action.  Moreover, his conduct and efficiency during this period were rated excellent.

9.  The Vietnam Casualty List shows that the applicant was wounded in action in Vietnam on 5 September 1969.

10.  Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Army Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.  For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The lack of disqualifying comments by a commander qualifies the use of such period toward the award.

11.  The awards regulation also provides for service stars to be worn on campaign and service ribbons to denote an additional award or to denote participation in a designated campaign.  The regulation further specifies that a silver service star is worn in lieu of five bronze service stars.  The campaign credit list shows that during the applicant’s assignment in Vietnam, he should have been credited with participation in five campaigns: the Vietnam Counteroffensive, Phase V, from 1 July 1968 to 1 November 1968; the Vietnam Counteroffensive, Phase VI, from 2 November 1968 to 22 February 1969; Tet 1969 Counteroffensive, from 23 February 1969 to 8 June 1969; the Vietnam Summer-Fall 1969, from 9 June 1969 to 31 October 1969, and the Vietnam Winter-Spring 1970, from 1 November 1969 to 30 April 1970.

12.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that during the applicant’s tenure with the 2nd Battalion, 18th Infantry, 1st Infantry Division, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Bronze Star Medal with “V” device and the Air Medal with 1st oak leaf cluster per general orders published by the 1st Infantry Division.  He is also entitled to the Purple Heart, which while not reflected in his records, should be authorized because of combat wounds he suffered on 5 September 1969, as noted in the Vietnam Casualty List. 

2.  The record also shows that during his active duty service from 10 April 1968 to 14 March 1970, he attained the grade of E-5 and his conduct and efficiency were consistently rated as excellent.  Furthermore, since his record lacks any disqualifying comments that would have been the basis for denying him the Army Good Conduct Medal, it would be appropriate to authorize this award.

3.  Finally, his lengthy period of his service in Vietnam from 4 September 1968 to 13 March 1970 should be reflected on his DD Form 214 instead of the dates that now appear there.  Additionally, during his Vietnam service, he participated in 5 campaigns, which entitles him to 1 silver service star to be worn on the Vietnam Service Medal and his unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Accordingly, both of these awards should be added to his records as well.

4.  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 Purple Heart, the Bronze Star Medal with “V” device, the Air Medal with 1st oak leaf cluster, the Army Good Conduct Medal for the period 10 April 1968 to 14 March 1970, 1 silver service star to be worn on the Vietnam Service Medal and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and

	b.  correcting the dates of his service in Vietnam to show 4 September 1968 to 13 March 1970.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002069640	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020912	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  100.00		
2.  107.00		
3.  110.04		
4.		
5.		
6.