PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 October 2002                   
	DOCKET NUMBER:   AR2002076348

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston 		Chairperson	
	Ms. Margaret V. Thompson 		Member	
	Mr. Richard T. Dunbar		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 (Report of Transfer or Discharge) to show award of the Purple Heart and the Bronze Star Medal.

3.  The applicant states, in effect, that he was wounded in Vietnam and was given a Bronze Star Medal.

4.  The applicant’s military records show that he enlisted on 20 December 1969 for a period of 3 years.  He served as an armor crewman in Vietnam from 
7 March 1971 through 29 January 1972 and was honorably released from active duty on 30 January 1972. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Bronze Star Medal as authorized awards.   

6.  There is no evidence in the applicant’s military records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  Evidence of record shows that on 30 January 1972 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

9.  There are no orders for the Bronze Star Medal contained in the available records.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 does not show entitlement to the Bronze Star Medal.  

10.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in three campaigns during his assignment in Vietnam.

11.  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 6, dated 1974.  This award is not shown on his discharge document. 

12.  Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

14.  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.  The Board noted the applicant’s contention that he was wounded in Vietnam.  However, there is no evidence of record to support this contention.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

3.  The Board noted the applicant’s contention that he received the Bronze Star Medal.  However, there is no evidence of record to support this contention.

4.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

5.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  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.   

6.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show this unit citation. 

7.  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 that the individual concerned was awarded the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

JL______  MVT____  RTD____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Joann Langston_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002076348	
SUFFIX		
RECON		
DATE BOARDED	20021017	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0000	
4.		
5.		
6.