PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 December 2002
	DOCKET NUMBER:   AR2002075178

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold		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 Purple Heart.

3.  The applicant states that he was blown from the back deck of a Sheridan tank up and into the cupola of their tank from a mine blast.  Doctors removed shrapnel in his breastbone and he was laid up for about a week.  This happened sometime in February 1970.  He provides his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 29 July 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11E (Armor Crewman).

5.  The applicant arrived in Vietnam and was assigned to Troop B, 1st Squadron, 11th Armored Cavalry Regiment (ACR) on or about 18 January 1970.  

6.  The applicant is listed on the Republic of Vietnam Casualty Roster as a casualty (hostile, wounded in action, not serious, hospitalized) on 10 February 1970.

7.  General Orders 1784, Headquarters II Field Force Vietnam dated 9 May 1970 awarded the applicant the Bronze Star Medal with V device for heroism on        10 March 1970.  

8.  The applicant departed Vietnam on 4 December 1970 after receiving credit for participating in three campaigns.  

9.  The applicant was released from active duty on 28 July 1971 after completing 2 years of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Bronze Star Medal, the Republic of Vietnam Campaign Medal, and the Sharpshooter Qualification Badge (Rifle).  His Enlisted Qualification Record, DA Form 20, shows that he received excellent conduct and efficiency ratings throughout his enlistment.

10.  Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.  The regulation also provides for wear of one bronze service star on the appropriate service medal for each credited campaign.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

12.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Credit Register, shows that the 11th ACR was awarded the Valorous Unit Award for the period 1 May through 29 June 1970 and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the periods 1 May 1969 through      15 February 1970 and 1 March through 30 October 1970.  It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

CONCLUSIONS:

1.  The applicant is listed on the Republic of Vietnam Casualty Roster as being wounded in action on 10 February 1970.  The Board accepts this as sufficient corroborating evidence to show he is entitled to award of the Purple Heart.

2.  The evidence of record shows the applicant was awarded the Bronze Star Medal with V device and that he is eligible to wear three bronze service stars on the Vietnam Service Medal.

3.  The applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 29 July 1969 through 28 July 1971.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Valorous Unit Award and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is authorized to wear these unit awards.  (Both awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation should be listed on his records although he is authorized to wear only one.)  

5.  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 by awarding the applicant the Purple Heart for wounds received in action on 10 February 1970 and the Army Good Conduct Medal for the period  29 July 1969 – 28 July 1971.

2.  That the applicant’s DD Form 214 be amended to delete the Bronze Star Medal and the Vietnam Service Medal with two bronze service stars and to add the Purple Heart, the Bronze Star Medal with V device, the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

__RWA__  __KYF___  __BPI__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Roger W. Able__
		    CHAIRPERSON

INDEX

CASE ID	AR2002075178	
SUFFIX		
RECON		
DATE BOARDED	2002/12/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.