PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 August 1999
         DOCKET NUMBER: AR1999020613


         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. Loren G. Harrell		Director
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred K. McCoy		Chairperson
Ms. Irene N. Wheelwright		Member
Mr. George D. Paxson		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.

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2. The applicant requests correction of his records to show a total of three awards of the Purple Heart and one Bronze Star Medal with “V” Device.

3. The applicant states these awards were left off of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The applicant’s military records show that he entered active duty on 28 January 1969 and completed training as an infantryman. He served in Vietnam from 27 June 1969 to 1 September 1970. The applicant was honorably discharged on 2 September 1970.

5. The applicant’s DD Form 214 shows only one award of the Purple Heart and does not show award of the Bronze Star Medal with “V” Device.

6. The applicant’s records contain 3d Brigade, 82d Airborne Division General Orders Number 1711, dated 25 October 1969, which awarded him the Purple Heart for wounds sustained on 23 October 1969.

7. The applicant’s records contain 93rd Evacuation Hospital General Orders Number 165, dated 14 June 1970, which awarded him the Purple Heart (First Oak Leaf Cluster) for wounds sustained on 13 June 1970.

8. There is no indication in the applicant’s service personnel records that he received a third award of the Purple Heart. There also is no indication that he was wounded or treated for wounds other than on 23 October 1969 and 13 June 1970.

9. There are no orders on the applicant’s service personnel records which show that he was recommended for or awarded the Bronze Star Medal with “V” Device.

10. The applicant’s records contain 1st Aviation Brigade General Orders Number 5698, dated 7 July 1970, which awarded him the second through sixth awards of the Air Medal. The applicant’s DD Form 214 only shows one award of the Air Medal.

11. The applicant’s records contain 1st Aviation Brigade General Orders Number 299, dated 1 May 1970, which awarded him the Army Commendation Medal for meritorious service during the period June 1970 to June 1971. His records also contain 1st Aviation Brigade General Orders Number 322, dated 5 May 1970, which awarded him the Army Commendation Medal (First Oak Leaf Cluster) for meritorious achievement from 15 March 1970 to 10 April 1970. The applicant’s DD Form 214 does not show the second award of the Army Commendation Medal.

12. The applicant’s records show that he was awarded the Aircraft Crewmember Badge by 17th Cavalry Special Orders Number 181, dated 1 July 1970.

13. A DA Form 1577 (Authorization for Issuance of Awards) shows that the applicant was awarded the Good Conduct Medal; however, this award is not shown on the applicant’s DD Form 214.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 43, dated 1970. This foreign award is not shown on the applicant’s DD Form 214.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 55, dated 1971. This foreign award is not shown on the applicant’s DD Form 214.

16. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Bronze Star Medal.

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. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

18. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards. The numeral 2 denotes the second award.)

CONCLUSIONS:

1. Orders show the applicant was wounded two times and received the Purple Heart (First Oak Leaf Cluster) for being wounded twice. Therefore, he is entitled to correction of his records to show the Purple Heart (First Oak Leaf Cluster).

2. There is no evidence, and the applicant has provided no evidence, which shows that he received a third award of the Purple Heart or was wounded or treated for wounds a third time during his assignment in Vietnam. Therefore, he is not entitled to correction of his records to show three awards of the Purple Heart.

3. There is no evidence, and the applicant has not provided any evidence, which shows that he was recommended for or awarded the Bronze Star Medal with “V” Device. Therefore, he is not entitled to correction of his records to show this award.

4. Orders show the applicant received six awards of the Air Medal; therefore, he is entitled to correction of his records to show award of the Air Medal with numeral “6”.

5. Orders show the applicant received two awards of the Army Commendation Medal; therefore, he is entitled to correction of his records to show the Army Commendation Medal (First Oak Leaf Cluster).

6. Evidence of record shows the applicant is entitled to permanent award of the Aircraft Crew Member Badge; therefore, he is entitled to correction of his records to show award of the Aircraft Crew Member Badge.

7. Evidence of record shows the applicant was awarded the Good Conduct Medal; therefore, he is entitled to correction of his records to show this award.

8. The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these awards.

9. 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 the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster), the Air Medal with numeral “6”, the Army Commendation Medal (First Oak Leaf Cluster), the Aircraft Crew Member Badge, the Good Conduct Medal, the Vietnam Cross of Gallantry with Palm Unit Citation and the 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:

FKM____ INW____ GDP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred K. McCoy_________
                  CHAIRPERSON

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INDEX

CASE ID	AR1999020613
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	19990804
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19700902
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.00
2.
3.
4.
5.
6.