PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 November 2001
         DOCKET NUMBER: AR2001058833


         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
Ms. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Ms. Karen Y. Fletcher		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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart (PH), the Bronze Star Medal (BSM) with "V" Device, and the Army Commendation Medal (ARCOM) as authorized awards.

3. The applicant states in effect, that he was issued the PH, the BSM with "V" Device and the ARCOM, but they are not shown on his DD Form 214. He also states that he never served as a track vehicle mechanic. He states he served as an armored personnel carrier crewman, driver, and a tank commander. He submits in support of his request a DA Form 1577 (Authorization for Issuance of Awards), dated 24 April 2001. In support of his application, he provides a copy of his DD Form 214; a copy of DA Form 1577 (Authorization for Issuance of Awards), dated 24 April 2001; and a copy of a proposed citation for the BSM with "V" Device for an action that allegedly occurred on 12 August 1970.

4. The applicant’s military records show that he enlisted in the Regular Army (RA) on 23 December 1969. On 22 May 1970, he completed the training requirements and was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic). On 16 July 1970, he completed the training requirements and was awarded MOS 63C (Track Vehicle Mechanic) which became his primary MOS. However, the available records show that he spent the majority of his military service performing the duties of a wheel vehicle mechanic and those of a wrecker operator.

5. Special Order Number 168, Headquarters, US Army Armor School, Fort Knox, Kentucky, dated 13 July 1970, reassigned the applicant to the US Army Overseas Replacement Station, Oakland Army Base, Oakland, California with a reporting date of 16 August 1970. He departed Oakland Army Base and arrived in the Republic of Vietnam (RVN) on 1 September 1970. On 19 September 1970, he was assigned to Headquarters and Headquarters Troop, 5^th Cavalry, 9^th Infantry Division. On 30 September 1970, he was reassigned to Troop C, 3^rd Squadron, 5^th Cavalry, 1^st Brigade, 5^th Infantry Division. On 24 October 1971, he was reassigned to Headquarters and Headquarters Battery, 2^nd Battalion, 11^th Artillery, 101^st Airborne Division. On 2 November 1971, he was reassigned to Battery C, 2^nd Battalion, 11^th Artillery, 101^st Airborne Division. On 22 December 1971, he was reassigned to the 178^th Maintenance Company. On 15 February 1971, he was reassigned to the 156^th Heavy Equipment Maintenance Company where he served until he returned to the United States on 2 April 1972.

6. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not indicate that he was wounded in Vietnam. Item 41 (Awards and Decorations) lists the BSM with "V" Device, the PH, and the ARCOM. There

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is an order (General Order Number 896, Headquarters, 1^st Brigade, 5^th Infantry Division, dated 4 June 1971, awarding the BSM for meritorious service (emphasis added), not for valor. There are no orders for the PH or the ARCOM.

7. On 27 March 1972, the applicant was reassigned from Vietnam to Oakland Army Base. On 5 April 1972, the applicant was honorably discharged. His DD Form 214 show that he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM) and the Vietnam Campaign Medal (VCM) with 60 Device. It also shows, in Item 24 (Specialty Number and Title), that his primary MOS was 63C, Track Vehicle Mechanic. Item 25 (Education and Training Completed) also reflects that he completed the training requirements and was awarded both MOS 63B and MOS 63C.

8. The DA Form 1577 that was prepared by the National Personnel Records Center and submitted by the applicant shows that he is entitled to the PH, the BSM with "V" Device, the ARCOM, the NDSM, the VSM, the VCM with 60 Device and the Sharpshooter Badge with Rifle Bar.

9. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that all personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.

10. AR 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

11. AR 600-8-22 provides, in pertinent part, that the BSM is awarded in time of war for heroism and/or meritorious achievement or service. A bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

12. AR 600-8-22 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism or meritorious achievement or meritorious service.

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13. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations, the only acceptable source of documentation is the order, letter, or memorandum that awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

CONCLUSIONS:

1. The applicant's MOS of 63C is correctly shown on his DD Form 214 as his primary MOS. The Board acknowledges that he may have performed other duties and responsibilities during his service in Vietnam; however, his separation document correctly reflects his awarded MOS.

2. There is no evidence available to indicate that the applicant was awarded the PH or the ARCOM other than an entry in Item 41 of his DA Form 20. In accordance with AR 600-8-104, this is not sufficient to award these medals. To award the PH, the applicant would have to show that he was wounded and that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. To award the ARCOM, the applicant would have to provide a copy of the orders awarding that medal.

3. General Order Number 896 awarded the applicant the BSM for meritorious service; therefore, he is entitled to correction of his DD Form 214 to show award of the BSM. However, he his not entitled to the "V" Device for his BSM. The proposed citation for heroism submitted by the applicant does not agree with his military records which show that the event occurred more than 6 weeks prior to the date the applicant was assigned to the unit responsible for recommending the award. Therefore no basis has been established for award of the bronze "V " Device for acts of heroism.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show award of the BSM for meritorious service.

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

BOARD VOTE:

__FNE___ __BJE__ __KYF___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058833
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	200111108
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19720405
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	A03.00
BOARD DECISION	(Partial Grant)
REVIEW AUTHORITY	ASA
ISSUES 1.	107.00
2.
3.
4.
5.
6.