PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 October 2003                  
	DOCKET NUMBER:   AR2003085595

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones II		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 records be corrected to show award of the Purple Heart.

3.  The applicant states that he was presented the Purple Heart while in the hospital.  In support of his request, he submits a copy of the Purple Heart Citation and a copy of USARV Form 130 (U.S. Army Vietnam Casualty Report).

4.  The applicant’s military records show that he entered active duty on 15 October 1968.  He completed training and served as an infantryman in Vietnam from 21 May 1969 through 26 March 1970.  

5.  On 20 August 1971 he was released from active duty and transferred to the Army Reserve as a sergeant (E5).  There is no derogatory information of record. His conduct and efficiency ratings were excellent throughout his period of active duty.  His DD Form 214 lists his decorations as the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Expert Badge with Rifle Bar.

6.  His DA Form 20 (Enlist Qualification Record) shows:

a.   at item 38 (Record of Assignments), that on 23 May 1969 he was assigned to Company B, 2nd Battalion 503rd Infantry Regiment in Vietnam and was transferred to Company N (Ranger) 75th Infantry Regiment on 9 June 1969.  On 15 March 1970 he was a patient at the 249th General Hospital and was transferred to Letterman General Hospital, San Francisco, California on 26 March 1970;

b.  at item 39 (Campaigns), that he participated in three campaigns; 

c.  at item 40 (Wounds), that he received multiple fragment wounds to his head, neck, chest, left arm and both legs on 7 March 1970; and,

d.  at item 41 (Awards and Decorations), his decorations are the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Air Medal, the Sharpshooter Badge with Rifle Bar in 1969, the Expert Badge with Machine Gun Bar and the Expert Badge with Rifle Bar in 1971.

7.  His available service medical records show treatment for malaria from 30 October 1970 through 9 November 1970.  The Narrative Summary (Standard Form 502) of this hospitalization shows a history of combat wounds in March 1970, which required a colostomy that was closed at Letterman General Hospital in May 1970.

8.  General Orders Number 179 of 28 June 1969 issued by Headquarters, 173rd Airborne Brigade awarded him the Combat Infantryman Badge. 

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

10.  The regulation also provides that the 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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

11.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include the Tet 69 Counteroffensive, the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.

12.  The regulation also provides that basic marksmanship badges are awarded in three classes; Expert, Sharpshooter and Marksman.  A bar will be attached to the basic badge to indicate the qualification last attained with each weapon. 

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the applicant's unit was cited for award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation

CONCLUSIONS:

1.  There is sufficient evidence to show that the applicant received combat wounds on 7 March 1970.  He was hospitalized for these wounds and was awarded the Purple Heart although it is not reflected on his DD Form 214.  

2.  The applicant distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service as evidenced by his excellent conduct and efficiency ratings, his offense free record his promotion to sergeant and his combat service.  He should be awarded the Good Conduct Medal and it should be reflected on his discharge document.

3.  He was awarded the Combat Infantryman Badge.  It should be shown on his DD Form 214.

4.  The applicant is entitled to three bronze service stars for wear on the Vietnam Service Medal.

5.  His records do not show that he is authorized the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  These should also be added to his discharge document./

6.  The applicant was awarded the Expert Badge with Rifle Bar and Machine Gun Bars and the Sharpshooter Badge with Rifle Bar.  The expert rifle qualification is the most recent.  His DD Form 214 should reflect the Expert Badge with Rifle and Machine Gun Bars. 

7.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an errors.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by adding the Purple Heart, the Good Conduct Medal, three bronze service stars for wear on the Vietnam Service Medal, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge and the Expert Badge with Machine Gun Bar to the list of his authorized awards.

BOARD VOTE:  

_MHM___  __WDP__  __FCJ__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_      Melvin H. Meyer______
		        CHAIRPERSON

INDEX

CASE ID	AR2003085595	
SUFFIX		
RECON		
DATE BOARDED	20031021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.