PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 February 2003                   
	DOCKET NUMBER:   AR2002078139

	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:

| Mr. Fred N. Eichorn | | Chairperson
| Mr. James E. Anderholm | | Member
| Ms. Eloise C. Prendergast | | 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 the second digit of his service number shown in item 2 (Service Number) on his DD Form 214 (Report of Transfer or Discharge) with an effective date of 17 February 1970 be corrected to show, “8” instead of “9.”  He also requests correction of this DD Form 214 to show award of the Purple Heart, the Army Commendation Medal with First Oak Leaf Cluster, the Bronze Star Medal and the first award of the Good Conduct Medal.

3.  The applicant states that the recommendations for the awards never arrived in time prior to his discharge.  In support of his application, he submits a copy of his DD Form 214 with an effective date of 17 February 1966; a DD Form 214 with an effective date of 17 February 1970; and citations for the Army Commendation Medal with First Oak Leaf Cluster and the Bronze Star Medal.      

4.  The applicant’s military records show that he enlisted on 24 May 1963 for a period of 3 years.  He served as a wheel vehicle mechanic in Turkey and was honorably discharged on 17 February 1966 for immediate reenlistment.  He reenlisted on 18 February 1966 for a period of 4 years.  He served as a general vehicle repairman in Germany and then in Vietnam from 9 March 1968 through 
5 March 1969.  He was honorably discharged on 17 February 1970. 

5.  Item 2 (Service Number) on the applicant’s DD Form 214 with an effective date of 17 February 1970 shows the second digit as “9.”  This DD Form 214 does not show the Purple Heart, the Army Commendation Medal with First Oak Leaf Cluster, the Bronze Star Medal or the first award of the Good Conduct Medal as authorized awards.
   
6.  The applicant’s DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 24 May 1963, shows the second digit of his service number as “8.”

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

8.  The applicant’s 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.  

9.  The applicant’s name does not appear on the Vietnam Casualty Roster.

10.  The applicant’s DD Form 214 with an effective date of 17 February 1970 shows one award of the Army Commendation Medal as an authorized award.  His records contain 9th Infantry Division General Orders Number 1908, dated 
18 February 1969, which show the applicant received the Army Commendation Medal for meritorious service for the period March 1968 to February 1969 in Vietnam.  His records also contain 9th Infantry Division General Orders Number 3044, dated 14 March 1969, which show the applicant received the Army Commendation Medal with First Oak Leaf Cluster for outstanding achievement for the period 1 October 1968 to 21 February 1969 in Vietnam. 

11.  There are no orders for the Bronze Star Medal in the applicant’s service personnel records.  However, the applicant provided a citation for the Bronze Star Medal for meritorious service during the period March 1968 to February 1969 in Vietnam.

12.  Headquarters Range Command General Orders Number 69, dated 
4 November 1966, show the applicant received the first award of the Good Conduct Medal for the period 24 May 1963 to 23 May 1966. 

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 7 March - 22 June 1968 by Department of the Army General Orders Number 60, dated 1969.  This award is not shown on his discharge document.

14.  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 31, dated 1969.  This award is not shown on his discharge document.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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 59, dated 1969.  This award is not shown on his discharge document.

16.  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.

17.  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.  

18.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

CONCLUSIONS:

1.  The applicant’s service number was incorrectly entered on his DD Form 214 with an effective date of 17 February 1970, in that, the second digit was incorrectly entered as, “9” instead of “8.”  Therefore, his DD Form 214 should be corrected at this time. 

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 applicant’s DD Form 214 with an effective date of 17 February 1970 shows one award of the Army Commendation Medal.  However, his records show that he received the Army Commendation Medal with First Oak Leaf Cluster.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 17 February 1970 to show two awards of the Army Commendation Medal.

4.  There are no orders available to the Board which authorize award of the Bronze Star Medal to the applicant.  However, the applicant provided a citation which shows he was awarded the Bronze Star Medal for meritorious service during the period March 1968 to February 1969 in Vietnam.  The Board notes that general orders show the applicant received the Army Commendation Medal for meritorious service for that same period.  In accordance with the governing regulation, one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Therefore, in the absence of orders showing the applicant received the Bronze Star Medal for meritorious service for the period March 1968 to February 1969, the Board determined the citation is not sufficient as a basis for award of the Bronze Star Medal. 

5.  The applicant received the first award of the Good Conduct Medal for the period 24 May 1963 to 23 May 1966.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 17 February 1970 to show this medal.

6.  The applicant’s unit received the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 17 February 1970 to show these unit awards.   

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:

	a.  by deleting the second digit, “9” in item 2 (Service Number) on the DD Form 214 with an effective date of 17 February 1970 of the individual concerned;

	b.  by adding the second digit, “8” in item 2 on this DD Form 214; 

	c.  by deleting the entry, “Army Commendation Medal” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 
17 February 1970; and

	d.  by adding the entries, “Army Commendation Medal with First Oak Leaf Cluster”, “Good Conduct Medal”, “Presidential Unit Citation”, “Republic of Vietnam Gallantry Cross with Palm Unit Citation” and “Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation” in item 24 on this DD Form 214. 

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

BOARD VOTE:  

FNE____  JEA_____  ECP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn_________
		        CHAIRPERSON

INDEX

CASE ID | AR2002078139
SUFFIX |
RECON |
DATE BOARDED | 20030206
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 100.0900
2. | 107.0000
3. |
4. |
5. |
6. |