ABCMR Proceedings (cont)                                                        AR2002083155

PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           5 August 2003                   
	DOCKET NUMBER:   AR2002083155

	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. Richard P. Nelson | | Analyst

  The following members, a quorum, were present:

| Mr. Luther L. Santiful | | Chairperson
| Mr. Curtis L. Greenway | | Member
| Mr. Ronald J. Weaver | | 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, in effect, that his records be corrected to reflect a Purple Heart he was awarded as a result of a wounds sustained during combat operations in the Republic of Vietnam. 

3.  The applicant states that he received the Purple Heart in a battalion ceremony, concurrent with an award of the Silver Star he received for gallantry in action on the night of 15-16 August, 1970, in the Republic of Vietnam.  The applicant states that he was wounded on the side of his right eye, that he received the Purple Heart medal set, but that did not receive any “paperwork.”  In support of his request, the applicant has submitted a copy of Headquarters, 101st Airborne Division General Orders Number 11925, awarding him the Silver Star.  (The citation for the Silver Star makes no mention of the applicant being wounded.)

4.  The applicant’s military records, while not complete, show that he enlisted in the Army as an Infantry Officer Candidate Option enlistee on 24 May 1968.  He attended basic training, infantry advanced individual training, airborne training, and infantry officer candidate school.  The applicant was commissioned on 20 June 1969.  Upon completion of a combat tour of duty in the Republic of Vietnam, he was honorably separated from active duty on 21 April 1971 in the rank of first lieutenant.

5.  Headquarters, 101st Airborne Division General Orders Number 11925, show that the applicant was an infantry officer, assigned to an infantry unit of brigade, regimental or smaller size, that the unit was engaged in actual ground combat and that the applicant was personally present and under fire.

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), authenticated in the applicant’s own hand, shows that he is entitled to the Silver Star, the Bronze Star Medal, the Air Medal, the Army Commendation Medal, the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Parachutist Badge.  There is no entry, or other indication, that the applicant was awarded the Purple Heart.

7.  The applicant’s name is listed on the Vietnam Casualty Roster.  The entry does not indicate the specific cause of the wound/s, incurred on 10 August 1970, but does indicate that the wound/s were not a result of hostile action.

8.  There are no orders in the available records which show that the applicant was awarded the Purple Heart and the applicant has not provided a copy of orders awarding him the Purple Heart.

9.  There are no medical documents in the available records which show that the applicant was wounded, or treated for wounds, as a result of hostile action.
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, and the medical treatment must have been made a matter of official record.

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

13.  Army Regulation 600-8-22 provides, in pertinent part, 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 is less than 3 years, but more than 1 year, for service ending on or after 27 June 1950.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War.  This document shows the unit to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period 25 April to 25 May 1970 by Department of the Army General Orders Number 48, dated 1971 and the period 13 to 30 August 1970 by Department of the Army General Orders Number 50, dated 1971.

15.  Department of the Army Pamphlet 672-3 also shows that the unit to which the applicant was assigned was cited for Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

16.  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.  The appendix shows that the applicant is entitled to wear one bronze service star for each of the following Vietnam campaigns: Vietnam Winter-Spring 1970, Sanctuary Counteroffensive and Vietnam Counteroffensive, Phase VII.

17.  Army Regulation 670-1, in effect at the time, governs the requirements for the overseas service bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

18.  Headquarters, US Army Training Center, Infantry and Fort Dix Special Orders Number 244, dated 31 August 1968, announce award of the Expert Marksmanship Badge with Rifle Bar to the applicant.

19.  Headquarters, First Advanced Individual Training Brigade, Fort Dix Special Orders Number 238, dated 9 October 1968, announce award of the Expert Marksmanship Badge with Machinegun Bar to the applicant.

CONCLUSIONS:

1.  The applicant’s DD Form 214 does not show award of the Purple Heart.  There are no orders which award him the Purple Heart and there is no evidence that he was wounded, or treated for wounds, as a result of hostile action during his service in Vietnam.  The Board notes that the applicant’s name appears on the Vietnam Casualty Roster however, the entry reflects that his wound/s were not a result of hostile action.  The Board also notes that the entry indicates the applicant was wounded on 10 August 1970, 5 days before the action in which the applicant participated and for which he was awarded the Silver Star.  Without evidence of record that the applicant was treated for wounds resulting from hostile action, he does not meet the criteria for award of the Purple Heart.  Therefore, he is not entitled to this decoration.

2.  Evidence of record indicates that the applicant was an infantry officer serving in active ground combat while assigned to an infantry unit of brigade, regimental or smaller size and that he was personally present and under fire.  Therefore, he is entitled to award of the Combat Infantryman Badge.

3.  Although not requested by the applicant, it would appear that he should have been given the first award of the Good Conduct Medal based on completion of a period of qualifying service of more than one year from 24 May 1968 to 20 June 1969.  Therefore, he is entitled to this award.

4.  The Board notes the absence of unit awards in the applicant’s military personnel records.  Evidence of record indicates that the unit to which the applicant was assigned, was cited for two awards of the Valorous Unit Award, one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to these unit awards.

5.  Evidence of record shows that the applicant received the Vietnam Service Medal and participated in three campaigns.  Therefore, he is entitled to wear three bronze service stars on his Vietnam Service Medal.

6.  Since the applicant is eligible for two overseas service bars, he is entitled to have them added to his DD Form 214.

7.  Evidence of record shows the applicant was awarded the Expert Marksmanship Badge with Rifle and Machinegun Bars.  Therefore he is entitled to have them added to his DD Form 214. 

8.  In view of the foregoing, the applicant’s records should be corrected, 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:

a. the Combat Infantryman Badge;

b. the first award of the Good Conduct Medal;

c. the Valorous Unit Award;

d. the Valorous Unit Award, First Oak Leaf Cluster;

e. the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

f. the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

g. three bronze service stars, to be affixed to his Vietnam Service Medal;

h. two overseas service bars.

i. the Expert Marksmanship Badge with Rifle and Machinegun Bars

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

BOARD VOTE:  

____LLS_  ___RJW_  ___CLG_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID | AR2002083155
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20030805
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR . . . . .
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. |
2. |
3. |
4. |
5. |
6. |