PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 May 2003
	DOCKET NUMBER:   AR2002080677

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones		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 his report of separation (DD Form 214) be corrected to reflect his second award of the Bronze Star Medal (BSM) with "V" Device, that he be issued the second award of the BSM and that he be awarded the Purple Heart.

3.  The applicant states that he was awarded a second award of the BSM that was not included on his DD Form 214 and he was not given a second medal.  He further states that at the time he earned the second BSM, he received shrapnel wounds and his eardrums were perforated and he believes he is entitled to an award of the Purple Heart for that injury.  

4.  The applicant’s military records show that he was inducted in Louisville, Kentucky, on 11 July 1967.  He completed his basic combat training at Fort Knox, Kentucky, and was transferred to Fort Gordon, Georgia, to undergo advanced individual training (AIT) as a radio teletype operator.  He completed his AIT and was transferred to Vietnam on 29 March 1968.  He was assigned to the 2nd Battalion, 22nd Infantry Regiment for duty as a personnel carrier driver in the military occupational specialty of an infantryman (11B20).  He was promoted to the pay grade of E-5 on 11 December 1968.

5.  He was awarded the BSM for meritorious service on 1 February 1969 and on 23 March 1969, he was awarded the BSM with "V" Device for his heroism on 23 February 1969, when his vehicle was struck by several anti-tank rockets and he was thrown from his vehicle and knocked unconscious.  Regaining consciousness, and still in the kill zone, he began crawling and while exposing himself to enemy fire, he removed a fallen comrade to safety and saved his life.

6.  His records show that he was treated on 3 March and 6 March 1969 for a perforated eardrum and infection.

7.  He departed Vietnam on 26 March 1969 for Oakland Army Base, California, where he was honorably released from active duty as an early overseas returnee.  He had served 1 year, 8 months and 17 days of total active service and his DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Vietnam Service Medal (VSM), the BSM and the Good Conduct Medal. 

8.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  That regulation also provides that a bronze service star will be awarded for participation in each designated campaign and that a silver service star is worn in lieu of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citations for the period he served with the unit.  Additionally, he participated in five campaigns during his assignment to Vietnam.

CONCLUSIONS:

1.  The applicant clearly was awarded the BSM with "V" Device for his heroism on 23 February 1969 and it should be reflected on his DD Form 214.  Additionally, he should be issued a "V" Device to add to his previous issued BSM.

2.  The Board is also convinced, after reading the citation for his award of the BSM with "V" Device, that his eardrum was perforated during the engagement for which he was cited.  Although the treatment for his injury was documented approximately a week later, he did receive treatment for an injury that a reasonable person can presume occurred at the time he engaged the enemy in combat on 23 February 1969.  Accordingly, the Board finds that he should be awarded the Purple Heart for his injury on 23 February 1969.

3.  Additionally, the applicant is entitled to be awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver service star for wear on his already awarded VSM.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected:

a.  by awarding the individual concerned the Purple Heart for injuries sustained on 23 February 1969.

b.  by correcting his records to show that he was awarded the BSM with "V" Device and issuing him a "V" Device for wear on his already awarded BSM; and 

c.  by awarding him the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver service star for wear on his already awarded VSM.

BOARD VOTE:  

__fcj____  __ls_____  __le ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Luther Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002080677	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014/BSM	
2.  61	107.0015/PH	
3.  140	107.0094/RVNGC	
4.  141	107.0095/RVNCAHM	
5.		
6.