PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:          30 OCTOBER 2003                  
	DOCKET NUMBER:  AR2003089132

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Larry C. Bergquist		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 reflect award of the Purple Heart and the Combat Infantryman Badge.  He states while attempting to receive compensation from the Department of Veterans Affairs (VA) he realized the two awards were missing from his separation document.  In support of his request he submits a copy of orders awarding him the Purple Heart and documentation extracted from his Official Military Personnel File confirming his performance of duties as an infantryman.

3.  Records available to the Board indicate that the applicant entered active duty on 8 April 1968.  While undergoing training, he qualified as a sharpshooter with the M-14 rifle and the M-16 automatic rifle, and was awarded the associated badge and component bars.  That information, however, was omitted from his separation document.

4.  Upon completion of training as an infantryman (11B), the applicant was assigned to Vietnam in August 1968 and on 11 September 1968 he assumed duties as a scout observer (11B) with B Troop, 1st Squadron, 1st Cavalry.

5.  On 24 September 1968 the applicant was wounded as a result of hostile action and awarded the Purple Heart.  Orders issued by the 106th General Hospital confirmed the award.  The award was omitted from his separation document.

6.  As a result of the applicant’s wounds, he was evacuated from Vietnam and on 5 February 1970 he was discharged from active duty and his name placed on the Temporary Disability Retired List.  In July 1973 he was permanently retired by reason of physical disability.

7.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.  The unit in question can be of any size smaller than a brigade.  Personnel possessing an infantry specialty in a rifle squad of a cavalry platoon in a cavalry troop are also eligible for award of the Combat Infantryman Badge.

8.  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.  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.  His conduct and efficiency ratings throughout his military service were excellent and his records contain no evidence of any disciplinary actions or incidents of misconduct.

9.  A review of Department of the Army Pamphlet 672-3 notes that the applicant’s unit (B Troop, 1st Squadron, 1st Cavalry) participated in one designed campaign (Vietnam Counteroffensive Phase V) while the applicant was assigned to the organization.  His campaign participation should be reflected by the addition of one bronze service star to the Vietnam Service Medal, which is recorded on his separation document.  The pamphlet also notes that the applicant’s unit was awarded a Valorous Unit Award and the Republic of Vietnam Gallantry Cross Unit Citation with Palm while the applicant was assigned.  The unit awards were also omitted from his separation document.

CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Purple Heart.  His records should be corrected to reflect that award.

2.  The evidence also confirms that the applicant met the requirements for award of the Combat Infantryman Badge.  His records should be corrected accordingly.

3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 5 February 1970.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant 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 8 April 1968 through 
5 February 1970.

4.  The evidence also shows that the applicant is entitled to one bronze service star on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a Valorous Unit Award, as a result of his service in Vietnam.  His records should be corrected to reflect that information.

5.  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:

a.  by showing that the individual concerned was awarded the Purple Heart;

b.  by awarding him the Combat Infantryman Badge;

c.  by awarding him the Army Good Conduct Medal for the period 8 April
1968 through 5 February 1970; and

	d.  by showing that he is entitled to one bronze service star on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a Valorous Unit Award.

BOARD VOTE:  

__CLG __  __EWL__  __LCB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Curtis L. Greenway___
		        CHAIRPERSON

INDEX

CASE ID	AR2003089132	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031030	
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.