PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           3 July 2003                   
	DOCKET NUMBER:   AR2002082760

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Patrick H. McGann, Jr.		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 records be corrected to show award of three Purple Hearts, the Bronze Star Medal, and any other awards to which he is entitled but are not on his DD Form 214 (Report of Transfer or Separation).

3.  The applicant states, in effect, that he was wounded three times while serving in Vietnam and that he was put in for, but never received the Bronze Star Medal due to being discharged prior to the action being completed.

4.  Counsel contends that the applicant is entitled to the Good Conduct Medal, the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam (RVN) Civil Action Honor Medal First Class Unit Citation in addition to those awards listed on his DD Form 214.  Counsel supports the applicant’s request for two additional Purple Heart Medals in as much as requesting a review of the applicant’s unit’s records to verify the additional injuries.

5.  The applicant’s military records show that he entered active duty on 24 November 1965.  He completed basic combat training and advanced individual training with award of military occupational specialty (MOS) 11B (Light Weapons Infantry).  He was transferred to the U S Army Reserve Control Group Annual Training on 22 September 1967.

6.  His DA Form 20 (Enlisted Qualification Record), section 31, shows the applicant’s foreign service in Vietnam as 15 September 1966 through 14 September 1967, 1 year.  The arrival date is recorded in ink, while the departure date is recorded in pencil.

7.  In section 38 of the DA Form 20, the applicant is shown to have arrived in Vietnam on 15 September 1966 with assignment to A Company, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division.  The applicant’s status is listed as "patient" at the US Army Hospital Ryukyu Islands (Okinawa) from 4 May 1967, and changes to "casual (patient casual detachment)" on 6 June 1967.  There are no assignment entries after this date. 

8.  His DA Form 20, at section 41, and his DD Form 214 show his awards and decoration as the National Defense Service Medal, the Vietnam Service Medal, the RVN Campaign Medal, the Combat Infantryman Badge, and that he qualified as an expert on the M-14 and M-16 rifle.

9.  Headquarters 4th Infantry Division General Orders Number 1897, dated 12 July 1967, show that the applicant was awarded the Purple Heart for wounds received in action on 21 April 1967.

10.  The Vietnam Casualty Roaster has only one listing for the applicant.  It shows a casualty status of 23 (hostile, wounded in action – not serious, hospitalized) caused by artillery/mortar on 21 April 1967, with a reporting date of 21 April 1967.

11.  A review of 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 Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 by Department of the Army General Order Number 3, dated 1970.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by Department of the Army General Order Number 53, dated 1970.

12.  Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days.  It also authorizes 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 appropriated campaign or service medal including the Vietnam Service Medal.  The designated campaign periods include, but are not limited to: the Counteroffensive Phase II, 1 July 1966 – 31 May 1967; and Counteroffensive Phase III, 1 June 1967 - 29 January 1968; 

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 

14.  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, and the medical treatment must have been made a matter of official record.

15.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

16.  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.  

CONCLUSIONS:

1.  The available evidence does not show that the applicant was recommended or approved for award of the Bronze Star Medal.

2.  The Board finds that orders awarding the applicant the Purple Heart were issued by his command for wounds sustained on 21 April 1967.  There is no indication of any other woundings during his Vietnam service.

3.  While the record shows that the applicant was hospitalized at least from 4 May 1967 to 6 June 1967, there is no explanation of the reason for this hospitalization.  Department of Veterans Affairs (VA) disability paperwork submitted by the applicant to the VA on 18 March 1968 and subsequent VA disability paperwork, dated 3 May 1968, indicates that the applicant received mortar wounds to his legs on 21 April 1967 and was hospitalized in a US Army Hospital on Okinawa from 25 April 1967 to 1 August 1967.  This indicates that the applicant's only recorded period of hospitalization was the result of one wounding incident on 21 April 1967.  There is no documentation to support award of more than one Purple Heart.

4.  There is no evidence that the applicant was disqualified for award of the Good Conduct Medal.  Therefore, the Board finds that the applicant is entitled to award of the Good Conduct Medal. 

5.  The Board finds that the applicant is entitled to award of the Vietnam Service Medal with two bronze service stars.  

6.  The evidence of record shows that the applicant is entitled to award of the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  In view of the foregoing findings and conclusions, the Board concludes that it would be in the interest of justice 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: 

a.  was awarded the Purple Heart for wounds sustained on 21 April 1967; and,

b.  is entitled to and awarded the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the 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 is in excess of the foregoing be denied.

BOARD VOTE:  

__RVO__  ___KAN__  ___PHM  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

				_Raymond V. O'Connor, Jr._
				        CHAIRPERSON

INDEX

CASE ID	AR2002082760	
SUFFIX		
RECON		
DATE BOARDED	20030703	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Grant Partial	
REVIEW AUTHORITY		
ISSUES         1.	Purple Heart	
2.	Bronze Star	
3.	RVN GC	
4.	RVN CAM	
5.