PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            4 May 2000        
	DOCKET NUMBER:   AR1999032947

	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.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Stueve		Member	
	Ms. Carol Jo Suiter		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, in effect, that his records be corrected to reflect award of the Purple Heart, Army Good Conduct Medal, Meritorious Unit Commendation, Vietnam Service Medal with 3 bronze service stars, a Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, Republic of Vietnam Civil Actions Honor Medal, and several weapons qualification badges.  He also implies that he completed several military training courses that are not reflected in his records.  The applicant submits no evidence in support of his request.  (Note:  A DD Form 215 was issued in 1979 awarding the applicant the Combat Infantryman Badge, as such that portion of his request will not be addressed by the Board.)

3.  Records available to the Board indicate the applicant entered active duty on 28 April 1969 and successfully completed an indirect fire crewman course at Fort Gordon, Georgia prior to be assigned to Fort Bragg, North Carolina for airborne training in September 1969.  There is, however, no indication he ever completed airborne training.  In October 1969 he was reassigned to Vietnam.

4.  During the applicant’s tour of duty in Vietnam (December 1969 – November 1970) the applicant was assigned to three different units (12th Infantry, 199th Infantry Brigade; 59th Signal Company; and 17th Air Cavalry).

5.  The applicant’s records also indicate he was promoted to pay grade E-3 in December 1969 but was subsequently reduced to pay grade E-1 as a result of two separate disciplinary actions (April 1970-failure to go to his appointed place of duty and May 1970-sleeping on duty).  In June 1970 he was advanced to pay grade E-2.  His conduct and efficiency ratings, however, were consistently excellent.  The applicant’s last qualification on a weapon occurred in August 1969 when he qualified as a marksman on the M-16 rifle.

6.  On 16 November 1970 the applicant was honorably discharged from active duty as part of an early release program for overseas returnees.  His DD Form 214, issued at the time of his separation reflects completion of the indirect fire crewman course and award of the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal with “60” device.  Those entries are consistent with information contained on the applicant’s DA Form 20 (enlisted qualification record).  Item 40 (wounds) on the applicant’s DA Form 20 is blank.

7.  The applicant’s DA Form 20 does indicate he received “specialized” training in several areas but all of those training sessions enhanced his military/combat skills/knowledge and would have been accomplished in brief unit training classes.

8.  Army Regulation 600-8-22, which establishes the policies and provisions for awarding military decorations notes that bronze service stars will be affixed to the Vietnam Service Medal to denote participation in designated campaign periods.  During the applicant’s period of service in Vietnam three campaign periods were designated (Vietnam Winter-Spring 1970, DA Sanctuary, and Vietnam Counter Offensive Phase VII).

9.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (59th Signal Company) was awarded a Meritorious Unit Citation during the applicant’s tenure with the organization.  It also indicates that he is entitled to a Republic of Vietnam Gallantry Cross Unit Citation (with Palm) and a Republic of Vietnam Civil Actions Honor Medal.  Although both the 12th Infantry, 199th Infantry Brigade and the 17th Air Cavalry were awarded Valorous Unit Awards while in Vietnam the applicant was not assigned to the units when the awards were made and as such is not entitled to permanent wear of that decoration.

10.  Army Regulation 600-8-22 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.  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.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

11.  Army Regulation 635-5, then in effect, established the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it states that item 25 (military education) will list formal in-service training courses (of 40 hours duration) successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile action and as such there is no basis to award him the Purple Heart.

2.  The evidence indicates the applicant completed only one training course (indirect fire crewman course) which would have been annotated on his separation document.  That course is already reflected.  While he may have receive other “specialized” military training, that training would merely have been unit level training sessions, of less than one weeks duration, and as such would not have been recorded on his separation document.

3.  There is no evidence the applicant completed airborne training.  The fact that he was assigned to Fort Bragg for such a brief period of time, the absence of orders indicating parachute qualification, or award of Parachutist Badge, tends to support this conclusion.

4.  The applicant is entitled to an award of the Meritorious Unit Commendation based on his assignment with the 59th Signal Company.  He is not, however, entitled to any unit awards based on his assignment to the 12th Infantry, 199th Infantry Brigade or the 17th Air Cavalry.

5.  The evidence does, however, confirm that the applicant is entitled to three bronze service stars on his Vietnam Service Medal, a Republic of Vietnam Gallantry Cross Unit Citation (with Palm), the Republic of Vietnam Civil Actions Honor Medal and a Meritorious Unit Commendation.  He is also entitled to have his marksmanship qualification badge (with rifle) bar annotated on his separation document.  There is no evidence he successfully qualified on any other weapons during his military service.

6.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 16 November 1970 when he was honorably discharged from active duty.  Although he received two records on non-judicial punishment, they were for minor infractions.  The Board notes that the applicant’s conduct and efficiency ratings were consistently excellent and his commander never took any action to disqualify him from award of the Good Conduct Medal.  As such it would be appropriate to award the applicant an Army Good Conduct Medal for the period 28 April 1969 through 16 November 1970.

7.  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:

a.  by showing that the individual concerned is entitled to three bronze service stars on his Vietnam Service Medal, a marksmanship qualification badge (with rifle bar), the Republic of Vietnam Gallantry Cross unit Citation (with Palm), the Republic of Vietnam Civil Actions Honor Medal, and a Meritorious Unit Commendation; and

b.  by awarding him an Army Good Conduct Medal for the period 28 April 1969 through 16 November 1970.

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

BOARD VOTE:  

__lls___  ___jps__  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999032947	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000504	
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.