PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 January 2002
         DOCKET NUMBER: AR2001065168


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Elzey J. Arledge, Jr.		Member
Ms. Regan K. Smith		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards, decorations and badges to which he is entitled.

3. The applicant states that his DD From 214 does not reflect all of his awards, decorations and badges. In support of his application, the applicant submitted a letter of explanation wherein he requests award of the Combat Infantryman Badge based on his first tour of duty in Vietnam, award of the Silver Star and two additional awards of the Purple Heart.

4. The applicant’s military records show that he entered active duty as a commissioned officer in the rank of second lieutenant on 29 October 1964. He served in Vietnam from 6 June 1966 through 1 June 1967 with the 173rd Airborne Brigade and again served in Vietnam from 28 December 1967 through 21 December 1968 with the 25th Infantry Division. The applicant was honorably discharged on 23 December 1968.

5. The applicant’s DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following awards, decorations and badges: Bronze Star Medal, Air Medal, Army Commendation Medal, Purple Heart, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, three Overseas Service Bars, and Parachute Badge.

6. The applicant’s service personnel records contain 25th Infantry Division General Orders Number 5769, dated 8 August 1968, which awarded him the Silver Star for gallantry in action on 1 February 1968. This decoration is not shown on the applicant’s DD Form 214.

7. The General Orders for award of the Silver Star state: [The applicant’s name omitted] “was wounded when an enemy RPG [rocket propelled grenade] rocket round hit the APC [armored personnel carrier] in which he was riding. With complete disregard for his own safety, he crawled through intense enemy fire to go the aid of another wounded man.” The applicant’s records also contain 25th Infantry General Orders Number 4188, dated 7 June 1968, which awarded the applicant the Purple Heart.

8. The applicant’s Report of Medical History, prepared at the time of his separation physical examination on 26 November 1968, shows entries for treatment in Vietnam of dysentery on 10 August 1968, and treatment in Vietnam for a shrapnel wound to the right knee on 5 February 1968, treatment in Vietnam for a lacerations to the “left arm elbow” on 25 August 1968. There is no indication that the lacerations to the “left arm elbow” treated on 25 August 1968 were the result of hostile action and there are no orders in the applicant’s records which show entitlement to any additional awards of the Purple Heart.
9. The applicant’s records contain 173rd Airborne Brigade General Orders Number 916, dated 4 June 1967, which awarded him the Bronze Star Medal for meritorious service during the period 6 June 1966 to 5 June 1967. This decoration is shown on the applicant’s DD Form 214.

10. The applicant’s records contain 173rd Airborne Brigade General Orders Number 755, dated 27 April 1967, which awarded him the Air Medal. This decoration is shown on the applicant’s DD Form 214.

11. The applicant’s records contain 173rd Airborne Brigade General Orders Number 913, dated 4 June 1967, which awarded him the Army Commendation Medal for meritorious achievement from 20 May 1966 to 25 June 1966. This decoration is shown on the applicant’s DD Form 214.

12. The applicant’s DA Form 66 (Officer Qualification Record) shows that he was awarded the Combat Infantryman Badge by 173rd Airborne Brigade Special Order 281, dated 9 October 1966. This badge is not shown on the applicant’s DD Form 214.

13. The applicant’s DA Form 66 shows that he was awarded the Parachute Badge based on Headquarters, United States Army Infantry Center Special Order 76, dated 1 April 1965. This badge is shown on the applicant’s DD Form 214.

14. The applicant’s DA Form 66 shows that he was awarded the Pathfinder Badge based on Headquarters, United States Army Infantry Center Special Order 65, dated 18 March 1966. This badge 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 4th Battalion of the 503rd Infantry was cited for award of the Meritorious Unit Commendation for the period 5 May 1965 to 4 May 1967 by Department of the Army General Orders Number 48, dated 1968. The applicant was a member of the unit during a portion of the period cited for award of the Meritorious Unit Commendation and, as a result, he is entitled to this unit award and to correction of his records to show it.

16. Department of the Army Pamphlet 672-3 shows the 4th Battalion of the 503rd Infantry was attached to a U.S. Navy force for an operation during the period 7 October 1966 to 4 December 1966 which was cited for award of the Presidential Unit Citation (Navy). The applicant was a member of the unit during the period cited for award of the Presidential Unit Citation (Navy) and, as a result, he is entitled to this unit award and to correction of his records to show it.

17. Department of the Army Pamphlet 672-3 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 Number 51, dated 1971.

18. Department of the Army Pamphlet 672-also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

CONCLUSIONS:

1. Orders show the applicant is entitled to award of the Silver Star. Therefore, the applicant is entitled to correction of his records to show this decoration.

2. Orders show the applicant is entitled to one award of the Purple Heart. There are no orders which entitle the applicant to additional awards of the Purple Heart. Although the medical history filled out by the applicant indicates that he was treated for lacerations of the “left arm elbow” on 25 August 1968, there is no official medical record showing this treatment or the injury was the result of hostile action. In the absence of such evidence, there is insufficient evidence upon which to base any additional awards of the Purple Heart to the applicant.

3. Orders show the applicant was awarded the Combat Infantryman Badge while a member of the 173rd Airborne Brigade in Vietnam, therefore; he is entitled to correction of his records to show this badge.

4. Orders show the applicant was awarded the Pathfinder Badge, therefore, he is entitled to correction of his records to show this badge.

5. Orders show the applicant was entitled to award of the Meritorious Unit Citation and to award of the Presidential Unit Citation (Navy). Therefore, he is entitled to correction of his records to show award of these United States unit awards.

6. Orders show the applicant was entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these foreign unit awards.

7. 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 Silver Star, the Combat Infantryman Badge, the Pathfinder Badge, the Meritorious Unit Citation, the Presidential Unit Citation (Navy), the Republic of 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__ __RKS__ __EJA___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Mr. Raymond V. O’Connor, Jr.
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001065168
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020131
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.