PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 November 2001
         DOCKET NUMBER: AR2001053618


         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
Mrs. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Stanley Kelley		Member
Ms. Karen A. Heinz		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, in effect, that his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, be corrected to show the awards of the Purple Heart (PH), the Bronze Star Medal (BSM) with V Device and the Army Commendation Medal (ARCOM).

3. The applicant states, in effect, that the PH, the BSM with V Device and the ARCOM awards are not listed on his DD Form 214. He needs proof of receiving these awards for his Veterans records.

4. The applicant’s military records show that he was inducted into the Army of the United States on 10 January 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 13A10 (Field Artillery). The highest pay grade he achieved was pay grade
E-4. His DA Form 20 Enlisted Qualification Record shows that his conduct and efficiency had been rated as “excellent” throughout his service.

5. The applicant was assigned to the Republic of Vietnam (RVN). He arrived in the RVN on or about 5 December 1967.

6. There are no orders in the applicant’s service record which shows that he was awarded the PH. The applicant’s DA Form 20 does not show any entry in item 40 (Wounds) or list the PH in item 41 (Awards and Decorations). However, Chronological Record of Medical Care (Standard Form 600) filed in the applicant’s service record shows that on 24 September 1968, he received a shrapnel wound to his right leg during a mortar attack. His wound was cleaned and dressed at the Battalion Aid Station. Medical evacuation was not necessary.

7. General Orders 9154, Headquarters, Americal Division, dated 26 November 1968, awarded the applicant the ARCOM for Meritorious Service in connection with military operations against hostile forces for the period of November
1967 through October 1968.

8. The applicant’s record shows he served in the RVN over 11 months, serving through five campaigns.

9. There are no orders in the applicant’s service personnel record which shows that he was awarded the BSM with V Device. Nor is there any evidence of record which shows he was recommended for the award.

10. On or about 26 November 1968, the applicant departed the RVN. On
29 November 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 1 year, 10 months and 16 days of creditable active service. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Sharpshooter’s Badge (w/Rifle Bar) and
2 Overseas Service Bars. It does not show the awards of the PH, the ARCOM or the BSM with V Device.

11. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Army Commendation Medal is awarded to any member of the Armed Forces of the United States, while serving in any capacity with the Army, who distinguishes himself by heroism, meritorious achievement or meritorious service. The award may be made to any individual recommended for the award.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in
which the United States is not a belligerent party.

14. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award
only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

15. 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 8, dated 1974.

CONCLUSIONS:

1. Although there were no orders filed in the applicant’s service record, the Board accepts as documented evidence the Chronological Record of Medical Care (Standard Form 600). The form shows that the applicant was injured on
24 September 1968 as a result of hostile action. Therefore, it would be appropriate to amend his DD Form 214 to reflect the award of the PH.

2. The evidence of record shows that the applicant was authorized the award of the ARCOM. General Orders 9154, dated 26 November 1968 awarded the applicant the ARCOM. Therefore, the applicant is entitled to correction of his DD Form 214 to show the award of the ARCOM.

3. The evidence of record shows that the applicant met the criteria for award of the Army Good Conduct Medal for the period of 10 January 1967 to
29 November 1968. The evidence also shows that the applicant served in the Republic of Vietnam during five campaigns entitling him to wear one silver service star with the Vietnam Service Medal.

4. There is no evidence in the applicant’s service record, nor has he provided any evidence, which shows that he was awarded the BSM with V Device. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The Board cannot authorize correction to official military records without supporting documentation. However, if the applicant can furnish sufficient evidence such as an announcement order for the BSM with V Device he may reapply.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 10 January 1967 through 29 November 1968.

2. That the applicant’s DD Form 214 be amended to show that he was awarded the Purple Heart, the Army Commendation Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with 1 silver service star.

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

BOARD VOTE:

__inw___ ___sk___ __kah___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Irene N. Wheelwright
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001053618
SUFFIX
RECON
DATE BOARDED	20011115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0014
3.	107.0020
4.
5.
6.