PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                3 June 2003
	DOCKET NUMBER:       AR2002083131

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Paul M. Smith		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal and the Combat Medical Badge.  He also requests correction of his records to show his rank as specialist five (SP5).

3.  The applicant states, in effect, that his DD Form 214 should be corrected to reflect award of the Bronze Star Medal, Combat Medical Badge, and his rank as SP5.  In support of his application, he submitted a copy of his DD Form 214 and orders awarding him the Bronze Star Medal.

4.  The applicant’s military records show that he was inducted into the Army on 7 November 1966.  He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91A (medical corpsman).  He served in Vietnam from 13 February 1968 through 26 October 1968 and was honorably released from active duty on 29 October 1968.

5.  The applicant's DD Form 214 does not show the Bronze Star Medal or the Combat Medical Badge as authorized awards.

6.  The applicant provided a copy of Headquarters, 1st Infantry Division General Orders Number 12759, dated 5 December 1968, which awarded him the Bronze Star Medal for meritorious service from March 1968 through October 1968.  These orders shows his rank as SP5.

7.  Item 38 (Record of Assignments) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 1st Battalion, 28th Infantry, 1st Infantry Division and served as a company aidman and medical aidman in Vietnam.

8.  Item 5a (Grade, Rate or Rank) on the applicant's DD Form 214 shows he was released from active duty in the temporary rank of SP4.  His DA Form 20 shows he was promoted to the temporary rank of SP4 on 3 May 1968.  Headquarters, 
U. S. Army Personnel Center, Fort Dix, New Jersey Special Orders Number 303, dated 29 October 1968, released the applicant from active duty in the rank of SP4.

9.  Records show that the applicant signed a DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration) on the date of his separation from active duty indicating that he was a SP4.  

10.  There are no orders in the applicant's personnel records which show he was promoted to the rank of SP5.

11.  Review of the applicant's personnel records revealed that he is entitled to award of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

12.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns of the Vietnam War.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

14.  Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, 
dated 1970.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the soldier must have been personally present and under fire during such ground combat.

16.  Army Regulation 600-8-22, 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.  

CONCLUSIONS:

1.  Orders show the applicant was awarded the Bronze Star Medal for meritorious service from March 1968 through October 1968.  Therefore, his DD Form 214 should be amended to show award of the Bronze Star Medal.

2.  The evidence of record shows the applicant served as a medical aidman in an infantry unit during combat in Vietnam.  Therefore, the applicant is entitled to the Combat Medical Badge and correction of his records to show this badge.

3.  The evidence of record shows the applicant was promoted to the temporary rank of SP4 on 3 May 1968 and served in this rank until he was released from active duty on 29 October 1968.  There are no orders available to the Board which show the applicant was promoted to the rank of SP5.  Therefore, there is no basis for granting the applicant's request.

4.  The evidence of record shows the applicant participated in three campaigns during the Vietnam War.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

5.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal, the Combat Medical Badge, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  That so much of the application as it relates to the correction of his records to show his rank as SP5 be denied.

BOARD VOTE:  

JL______  JLP_____  PMS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Joann Langston________
		        CHAIRPERSON

INDEX

CASE ID	AR2002083131	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.