PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 30 July 2002
         DOCKET NUMBER: AR2002067440


         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Ms. Karen A. Heinz		Member
Mr. Thomas Lanyi		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 military records to show award of the Purple Heart for injuries he received while serving in the Republic of Vietnam (RVN) in 1970.

3. The applicant states, in essence, that he was assigned to B Company, the 4th Battalion, 9th Infantry, 25th Infantry Division. He contends his unit was on a mission to clear bunker complexes and a "booby trap exploded,” wounding him. He states he was taken to a small field hospital, where shrapnel was removed and he returned to his squad. He adds that the event occurred at the Rubber Tree Plantation, Tay Ninh Providence in 1970 or in the Black Virgin Mountain. He does not recall any fellow soldiers who served with him during that time period, since nicknames were used. He contends that he was young, and only wanted to return to his family and continue with his life. He adds that considering his other awards, he wonders why he did not receive a Purple Heart. In support of his claim he submits a copy of his DD Form 214, dated 15 August 1975.

4. On 3 June 1969, he enlisted in the Regular Army (RA) for 2 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B40 (Infantryman). On 13 May 1970 he was transferred to the Republic of Vietnam (RVN) and initially stationed at D Company, 4^th Battalion, 9^th Infantry, 25^th Infantry Division, for duty. On
14 November 1970, he was reassigned to D Company, 1^st Battalion, 5^th Cavalry, 1^st Cavalry Division. On 27 November 1970, he was further assigned to Company B, 1^st Battalion, 5^th Cavalry, 1^st Cavalry Division.

5. On 28 February 1971, he was transferred from RVN to the U.S. Army Personnel Center, Fort Dix, New Jersey, to await separation. The applicant’s medical separation evaluation does not indicate that he was wounded as a result of hostile action.

6. On 28 February 1971, he was separated from active duty with an honorable characterization of service and transferred to the United States Army Reserve (USAR) for completion of his service obligation. He completed a total of 1 year,
8 months and 28 days of creditable active service. The highest pay grade he attained was E-5.

7. During his tour of duty in RVN he participated in the DA Sanctuary campaign from 1 May 1970 to 30 June 1970; the Vietnam Counteroffensive Phase VII campaign period from 1 July 1970 to 30 June 1971.

8. The applicant’s DA Form 20 (Enlisted Qualification Record), Item
40 (Wounds) has neither entry, nor does it otherwise indicate that he was wounded while in RVN. Additional research failed to show that the applicant was listed on the Vietnam Casualty List.

9. The applicant's DD Form 214 (Report of Transfer or Discharge) dated
28 February 1971, Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) issued at the time of separation shows that he received: the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge and the Expert Qualification Badge with Rifle Bar. It does not show that he was authorized award of the Purple Heart.

10. On 21 August 1972, he was separated from the USAR in order to reenlist in the Regular Army.

11. On 22 August 1972, he immediately reenlisted in the RA, in pay grade
E-5 for 3 years. He was assigned to Fort Benning, Georgia, in MOS 11B4A (Team Leader) enroute to Germany for duty.

12. The applicant's Standard Form 88 (Report of Medical Examination) dated
31 July 1975, shows that he had a high frequency hearing loss, but was not un-qualified for separation. In addition, the form does not indicate that he was wounded as a result of hostile action, nor does his name appear as a battle casualty on the RVN casualty list.

13. The U.S. Army, Military Personnel Center approved, on 10 April 1975, the Commander’s request that the applicant be authorized the Good Conduct Medal for the period 3 June 1969 through 28 February 1972.

14. On 13 August 1975, he was returned to the United States and was assigned to the U.S. Army Personnel Center, Fort Jackson, South Carolina, awaiting separation.

15. On 15 August 1975, he was separated with an honorable discharge at the end of his enlistment. He completed a total of 2 years, 11 months and 24 days of creditable active service. The highest pay grade he attained was E-5.

16. The applicant's DD Form 214 (Report of Transfer or Discharge) dated
15 August 1975, Item 24 shows the following awards, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the RVN Campaign Medal with “1960” device, the Air Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. The Purple Heart is not shown among the authorized awards and decorations.

17. 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.
18. Army Regulation 600-8-22 provides, that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through
28 March 1973. Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: the DA Sanctuary Counteroffensive 1970, ending on 30 June 1970; and the Counteroffensive Phase VII, ending on 30 June 1971.

19. 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.

CONCLUSIONS:

1. There is no available evidence to substantiate that the applicant was wounded as a result of hostile action while serving in the RVN from 13 May1970 through 28 February 1971.

2. The applicant is entitled to the Good Conduct Medal for his period of service from 3 June 1969 through 28 February 1971. Although, this was not authorized until 10 April 1975, no Board action is appropriate at this time. However, the Good Conduct Medal should be shown on his second DD Form 214.

3. He is also entitled to receive a bronze service star for wear on his Vietnam Service Medal for his participation in the DA Sanctuary Counteroffensive 1970, ending on 30 June 1970; and a second bronze service star for wear on his Vietnam Service Medal for his participation in the Counteroffensive Phase VII, ending on 30 June 1971.

4. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct the applicant’s records.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by adding the following awards and decorations to Item 24 on his
DD Form 214 issued to him on 15 August 1975:

a. the Good Conduct Medal;



b. the Vietnam Service Medal with two bronze service stars;

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

BOARD VOTE:

___AAO_ ___KAH _ __TL ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Arthur A. Omartian__
                                             CHAIRPERSON

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INDEX

CASE ID	AR2002067440
SUFFIX
RECON
DATE BOARDED	2002.07.30
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY	. . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	A107.0015
2.	A107.0073
3.
4.
5.
6.