PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            23 January 2003
	DOCKET NUMBER:   AR2002076232

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Patrick H. McGann, Jr.		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart (PH) and Combat Infantryman Badge (CIB).

3.  The applicant states that the award of the CIB and PH was left off his DD Form 214.  In support of his application, the applicant submitted a copy of his DD Form 214, CIB orders, and DA Form 20 (Personnel Qualification Record).  He also states that he enclosed medical records to support that he suffered a gunshot wound while serving in the Republic of Vietnam; however, no medical records were received with his application.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 22 November 1967 for a period of 2 years.  Trained as an infantryman, he served in Vietnam from 20 May 1968 to 1 October 1968, first with C Company, 1st Battalion, 18th Infantry, 1st Infantry Division, and then with Company D, 1st Battalion, 18th Infantry, 1st Infantry Division.

5.  On 30 July 1968, Special Order Number 212, issued by Headquarters, 1st Infantry Division, awarded the applicant the CIB.

6.  On 27 September 1968, the applicant’s DA Form 20 reflects that he was a patient at the Medical Holding Detachment, US Army Hospital, Camp Zama, Japan.  There is no indication in the file why the applicant was hospitalized. 

7.  On 10 October 1968, the applicant was transferred to Okinawa and served there from 20 October 1968 until 28 October 1969.

8.  On 29 October 1969, the applicant was released from active duty and transferred to the United States Army Reserve.  He was credited with 1 year, 11 months, and 8 days of active federal service.  The applicant's DD Form 214 lists his awards and decorations as the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal. 

9.  In reviewing the applicant's records for information pertinent to his request, errors and omissions were noted concerning the awards and decorations listed on his DD Form 214.

	a.  The applicant was not awarded the Good Conduct Medal (GCMDL).  Army Regulation 600-8-22 (Military Awards) provides that the GCMDL 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.

	b.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969.  This award was for the period 12 July 1965 through 16 October 1969.

	c.  The applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class by Department of the Army General Orders Number 53, dated 1970.  This award was for the period 12 July 1965 through 7 April 1970.

	d.  The applicant served in Vietnam during the following campaigns:  Vietnam Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968; Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a Bronze Service Star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized Bronze Service Stars will be worn on the appropriate service medal.

	e.  The applicant served in Vietnam from 20 October 1968 to 28 October 1969.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar (OSB).  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the Overseas Service Bar.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

CONCLUSIONS:

1.  There is insufficient evidence to support an award of the Purple Heart.  The applicant indicated that he had attached a copy of his medical records to his application; however, no medical records were attached.  The Board did note that the applicant's DA Form 20 reflects that he was a patient in a hospital from 27 September to 10 October 1968; however, the reason for hospitalization is not known.  Additionally, the applicant's name does not appear on the United States Army Vietnam Casualty List.
2.  The applicant was awarded the CIB and is entitled to have it reflected on his DD Form 214.

3.  The applicant should have been awarded a Good Conduct Medal for the period 22 November 1967 through 29 October 1969.  He is also entitled to two Bronze Service Stars for his Vietnam Service Medal, three Overseas Service Bars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class.

4.  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 to the individual concerned a DD Form 215 (Correction to DD Form 214) correcting Item 24 to show award of the Good Conduct Medal, two Bronze Service Stars on the Vietnam Service Medal, three Overseas Service Bars, 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:  

__kan___  __gjw___  __phm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Kathleen A. Newman
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002076232	
SUFFIX		
RECON		
DATE BOARDED	20030123	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19691029	
DISCHARGE AUTHORITY	AR 635-200, Chapter 5	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.