PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 April 2002
	DOCKET NUMBER:   AR2001062854

	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. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 the Combat Infantryman Badge and that his report of separation (DD Form 214) be corrected to add his award of the Purple Heart.

3.  The applicant states, in effect, that upon applying for benefits with the Veteran’s Administration (VA), he discovered that his DD Form 214 did not show his Purple Heart and that he earned the Combat Infantryman Badge, but did not receive it.

4.  The applicant’s military record shows that he entered active duty on 1 July 1964.  Following the completion of his basic and advanced training he was awarded the military occupational specialty of 11B, Light Weapons Infantryman, and was assigned to Vietnam.  He served in Vietnam from 21 May 1965 thru    21 May 1966.  He was released from active duty in the pay grade of E-4, given an honorable discharge and was transferred to the USAR Control Group (Reinforcement), on 30 June 1967.  His conduct and efficiency was excellent and there is no disciplinary action recorded in the record.  His DD Form 214 reflects that he was awarded the National Defense Service Medal, and the Armed Forces Expeditionary Medal (AFEM).

5.  The records show that a message was sent from Vietnam on 26 July 1965, to the Department of the Army Casualty Branch, Washington, D. C. to report that the applicant had sustained an injury.  The Vietnam Casualty Roster further confirms that on 26 July 1965, the applicant was treated for an injury on the right forearm while he was on a combat assault mission with the 501st Airborne Battalion, an infantry unit.  While the applicant’s records may reflect that he was assigned to the 145th Aviation Battalion, an aviation unit, other documents indicate he at one time was assigned or at least performed duties with the     501st Airborne Battalion.

6.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (145th Aviation Battalion, 118th Aviation Company) was credited with participating in two designated campaigns during the applicant’s period of assignment which entitles him to two bronze service stars.  It also shows that his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, The Republic of Vietnam Campaign Medal with 60 device, the Presidential Unit Citation, and the Meritorious Unit Citation.

7.  Army Regulation 600-8-22 provides that bronze service stars are awarded to represent participation in designated campaign periods.  During the Vietnam era the bronze service stars were affixed to the AFEM or the Vietnam Service Medal (VSM).  Personnel serving in Vietnam during the period of 1 July 1958 to 3 July 1965 were awarded the AFEM.  Personnel serving in Vietnam after 3 July 1965 were awarded the VSM.  Only one award (AFEM or VSM) was authorized for service in the same designated area.

8.  Army Regulation 600-8-22 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.  A review of the applicant’s records shows no basis that could serve to disqualify him for the award of the Good Conduct Medal.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

CONCLUSIONS:

1.  The evidence of record confirms the applicant is entitled to two bronze service stars for wear on his Armed Forces Expeditionary Medal.

2.  The Vietnam Casualty Roster confirms the applicant was wounded in combat, therefore, it is reasonable to presume that he was awarded the Purple Heart as he claims and should have it entered on his records.

3.  The applicant performed the military occupational specialty duties of an 11B, while in an infantry unit, during hostile action, and therefore qualifies and should be awarded the Combat Infantry Badge.

4.  The Unit Citation and Campaign Participation Credit Register confirms that the applicant should be awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with 60 device, the Presidential Unit Citation, and the Meritorious Unit Citation.

5.  Evidence shows the applicant had an excellent record of service, accordingly, the Board believes that he should be awarded the Army Good Conduct Medal for the period 21 May 1965 thru 21 May 1966.

6.  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 by showing that he is entitled to two bronze service stars for wear on his already awarded Armed Forces Expeditionary Medal, the Purple Heart, and by awarding him the Army Good Conduct Medal for the period of service from 21 May 1965 thru 21 May 1966, the Combat Infantry Badge, the Republic of Vietnam Gallantry Cross with Palm unit Citation, the Republic of Vietnam Campaign Medal with 60 device, the Presidential Unit Citation, and the Meritorious Unit Citation. 

BOARD VOTE:  

___fe ___  __reb ___  __be____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001062854	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  102	107.0056/AGCM	
3.  157	107.0111/CIB	
4.  140	107.0094/RVNGC	
5.  134	107.0088/RVCM	
6.