PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           9 September 2003
	DOCKET NUMBER:  AR2003088423

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan		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 he be awarded all medals he is entitled to receive for his service in Vietnam.

3.  The applicant states he is entitled to receive awards of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Purple Heart for shrapnel wounds to the back of the head and any unit awards he is entitled to receive.

4.  The applicant’s military records show that he enlisted in Chicago, Illinois, on 24 July 1958 for a period of 3 years.  He completed his basic combat training at Fort Leonard Wood, Missouri and was transferred to Fort Knox, Kentucky to undergo his advanced individual training (AIT) as a track vehicle mechanic.  He completed his AIT and was transferred to Fort Benning, Georgia on 25 February 1959.  He was assigned to the 7th Cavalry Regiment and remained with that unit when it was transferred to Bamberg, Germany on 10 August 1959, where the 7th Cavalry became part of the 3rd Infantry Division. 

5.  On 19 May 1960, he was convicted by a summary court-martial of being drunk and disorderly, resisting apprehension and assaulting a military policeman. He was sentenced to a forfeiture of pay and restriction.

6.  On 6 October 1960, he was convicted by a summary court-martial of failure to go to his place of duty, willful and wrongful destruction of private property, unlawfully striking a German national female with a stick, and unlawfully entering an off-limits area.  He was sentenced to be reduced to the pay grade of E-1, a forfeiture of pay and hard labor without confinement for 45 days.

7.  On 12 July 1961, he was honorably released from active duty at Fort Hamilton, New York, as an early overseas returnee.  He had served 2 years, 11 months and 19 days of total active service and his report of separation (DD Form 214) indicates that he had no awards. 

8.  On 19 September 1984, this Board denied his request to be awarded the Army of Occupation Medal with Germany Clasp because he did not serve in Germany during the qualifying period of 9 May 1945 to 5 May 1955.

9.  On 26 April 1999, the National Personnel Records Center in St. Louis, Missouri, issued an authorization to issue the applicant the National Defense Service Medal (NDSM) and the Sharpshooter Marksmanship Badge with rifle and pistol bars.

10.  A review of the available records fails to show that the applicant ever served in Vietnam or any other hostile fire area.  Additionally, there is no indication that he was ever wounded or injured in combat.
CONCLUSIONS:

1.  The evidence of record clearly shows that all of the applicant's overseas service was performed in Germany.  Accordingly he is not entitled to awards for service in Vietnam that he did not perform.

2.  However, the applicant was awarded the NDSM and the Sharpshooter Marksmanship Badge with rifle and pistol bars.  Therefore, it would be in the interest of justice to add those awards to his DD Form 214 at this time.

3.  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 showing that the individual concerned was awarded the NDSM and the Sharpshooter Marksmanship Badge with Rifle and Pistol Bars.

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

BOARD VOTE:  

__slp____  __tap___  __wtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088423	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  115	107.0069/NDSM	
3.  155	107.0109/SSB	
4.  61	107.0015/PH	
5.  119	107.0073/VSM	
6.  134	107.0088/RVNCM