PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           26 April 2000                   
	DOCKET NUMBER:   AR1999029578

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Curtis L. Greenway		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 Bronze Star Medal with Oak Leaf Cluster, the Combat Infantryman Badge, the Purple Heart, and the Vietnam Parachutist Badge.

3.  The applicant states, in effect, that he served with the 5th Special Forces Group in Vietnam and earned these awards.  In support of his application, he provides a copy of his DD Form 214, Report of Transfer or Discharge and a copy of orders awarding him the Bronze Star Medal.

4.  The applicant’s military records show that he enlisted in the Regular Army for 3 years on 28 October 1966.  Following Basic Combat Training and Advanced Individual Training at Fort Ord, California, he underwent Basic Airborne Training at Fort Benning, Georgia, and Special Forces communications training at Fort Bragg, North Carolina.  He served in Vietnam from 30 July 1968 to 29 July 1969 with the 5th Special Forces Group and participated in four campaigns:  Vietnam Counteroffensive – Phase V; Vietnam Counteroffensive – Phase VI; Tet 69 Counteroffensive; and Vietnam Summer-Fall 1969.

5.  The applicant’s military records show that he was awarded a single Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 26 July 1968 to 25 July 1969 by General Order Number 1081, 5th Special Forces Group, 1st Special Forces, dated 18 July 1969.  His DA Form 20, Enlisted Qualification Record, shows that he was awarded the Republic of Vietnam Parachutist Badge and that the badge was issued to him.  There is nothing in the applicant’s records to indicate that he is entitled to the Purple Heart.

6.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB).  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have had an Infantry or Special Forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for Special Forces personnel (less the Special Forces medical sergeant) accrues only from 20 December 1989 and retroactive awards for Special Forces personnel are not authorized.  All recipients must have been personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

7. Army Regulation 600-8-22 also 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 the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that the Vietnam Service Medal and Republic of Vietnam Campaign Medal (foreign award) are authorized for service in Vietnam.

9.  Army Regulation 600-8-22 also provides, in pertinent part, 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.  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 nonfavorable consideration and permits the individual to respond.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  It shows that the applicant’s unit was cited for the following awards:  the Presidential Unit Citation for the period 1 November 1966 to 31 January 1968 by Department of the Army General Order (DAGO) Number 45, dated 1969; the Meritorious Unit Citation for the period 31 January to 31 December 1968 by DAGO Number 70, dated 1969; the Vietnam Cross of Gallantry with Palm Unit Citation for the period 1 October 1964 to 17 March 1969 by DAGO Number 59, dated 1969; and the Vietnam Civil Actions Honor Medal, First Class for the period January 1968 to 24 September 1970 by DAGO Number 48, dated 1971.

CONCLUSIONS:

1.  The applicant’s military records support awarding him the Bronze Star Medal, the Vietnam Service Medal with four bronze service stars, the Good Conduct Medal, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Parachutist Badge.

2.  There is nothing in the applicant’s records to support his contention that he was wounded and entitled to the Purple Heart.  If he has any proof that he was wounded and that his wound was treated and made a matter of official record, he may request reconsideration for this award.

3.  The applicant is not entitled to award of the Combat Infantryman Badge.  The CIB was not authorized for Special Forces soldiers during the Vietnam War.  Its authorization for Special Forces dates to 20 December 1989 with no provisions for retroactive awards.

4.  Based upon a review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), the applicant is entitled to award of the Presidential Unit Citation, the Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class.

5.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing a DD Form 215, Correction to DD Form 214, to the individual concerned awarding him the Bronze Star Medal, the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Vietnam Campaign Medal, the Presidential Unit Citation, the Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class.

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

BOARD VOTE:  

__sk____  __kak___  ___clg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Stanley Kelley_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999029578	
SUFFIX		
RECON		
DATE BOARDED	20000426	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0014	
2.	107.0015	
3.	107.0031	
4.	107.0034	
5.	107.0056	
6.	107.0120