PROCEEDINGS


         IN THE CASE OF:
                                   
        
         BOARD DATE: 25 April 2002
         DOCKET NUMBER: AR2002067613


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. George D. Paxson		Member
Mr. Charles Gainor		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, in effect, that the Purple Heart, Bronze Star Medal with "V" device and the Army Commendation Medal with (1^st Oak Leaf Cluster) be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

3. The applicant states, in effect, that he wishes to have these awards added to his DD Form 214 so that it will be complete.

4. The applicant’s military records show that he was inducted into the Army of the United States on 10 December 1965. Following completion of Basic Combat Training, he attended Advanced Individual Training and was awarded the Primary Military Occupational Specialty, 11B (Light Weapons Infantryman). He volunteered for and successfully completed Basic Airborne Training at Fort Benning, Georgia, on 3 June 1966.

5. On 10 July 1966, applicant arrived in the Republic of Vietnam and was assigned to Company C, 1^st Battalion, 327^th Infantry, 101^st Airborne Division. He served with that unit until he was wounded in action on 14 May 1967. He was medically evacuated to the 67^th Evacuation Hospital, subsequently medically evacuated to the 106^th General Hospital in Japan and later to the U.S. Army Hospital, Specialized Treatment Center, Fort Gordon, Georgia. Applicant was placed on the Temporary Disability Retired List on 5 March 1968 in the rank of Specialist (pay grade E-4), the highest pay grade he held on active duty.

6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows that he was awarded the following awards and decorations: National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal with device, "1960"; the Combat Infantryman Badge; the Parachutist Badge and the Marksman Marksmanship Qualification Badge (with Rifle Bar).

7. 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. General Orders Number 96 were published by Headquarters, 67^th Evacuation Hospital, on 18 May 1967 and awarded the applicant the Purple Heart for wounds received in action. Although orders show that he was wounded on 16 May 1967, the actual date applicant was wounded in action was 14 May 1967. The actual date he was wounded was verified from information recorded on DA Form 8-275-3, Clinical Record Cover Sheet, which was prepared at the 67^th Evacuation Hospital on 19 May 1967. The date shown on the orders, 16 May 1967, is erroneous. This date is the date applicant was admitted to the 67^th Evacuation Hospital for further treatment and eventual medical evacuation from the Republic of Vietnam.
8. The above-cited regulation provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy. General Orders Number 1173 were published by the 1^st Brigade, 101^st Airborne Division on 24 June 1967 and awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 14 May 1967.

9. This regulation also provides that the Army Commendation Medal 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, meritorious achievement or meritorious service. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decoration, among which is the Army Commendation Medal. General Orders Number 1132 published by Headquarters, 1^st Brigade, 101^st Airborne Division announced award of the Army Commendation Medal, First Oak Leaf Cluster, to the applicant for meritorious service in connection with military operations against a hostile force during the period from 9 July 1966 to 19 June 1967.

10. Effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding wartime service for at least six continuous months in support of military operations. According to DA Pam 672-3 (Unit Citation and Campaign Participation Credit Register), the unit to which the applicant was assigned, the 1^st Battalion, 327^th Infantry, of the 101^st Airborne Division, was awarded the Meritorious Unit Commendation by Department of the Army General Orders 21, dated 1969, for exceptionally meritorious conduct of military operations against a hostile force during the period from 1 July through 31 July 1966. Applicant was present and participated in action with this unit and is therefore entitled to have this award added to his DD Form 214.

11. Army Regulation 670-1, in effect at the time, governed the requirements for the Oversea Service Bar. In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. One overseas service bar is authorized for each six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

12. 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. Because the applicant was present and participated in one campaign during his tenure in the Republic of Vietnam (Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967), he is entitled to one bronze service star to be affixed to his already awarded Vietnam Service Medal.

13. The above-cited regulation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. A review of applicant's records revealed no disqualifying information; therefore, he is entitled to award of the Good Conduct Medal for the period of service from 10 December 1965 through 5 March 1968.

14. The Army's awards regulation also sets forth requirements for award of basic marksmanship qualification badges. Qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned, the 1^st Battalion, 327^th Infantry, of the 101^st Airborne Division, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July through 31 July 1966 and 9 December 1966 through 18 January 1967 by Department of the Army General Order Number 21, dated 1969.

CONCLUSIONS:

1. The evidence of record shows that the applicant sustained a wound as a result of hostile action on 14 May 1967, the wound required treatment, and the medical treatment was made a matter of official record. The applicant was awarded the Purple Heart by General Orders Number 96 that was published by Headquarters, 67^th Evacuation Hospital, on 18 May 1967. This award was not included on his DD Form 214 on his separation and it would be appropriate to add it to his DD Form 214 at this time.

2. General Orders Number 1173 were published by Headquarters, 1^st Brigade, 101^st Airborne Division on 24 June 1967 and awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 14 May 1967. This award was not included on his DD Form 214 on his separation and should be added to his DD Form 214 at this time.

3. General Orders Number 1132 published by Headquarters, 1^st Brigade, 101^st Airborne Division announced award of the Army Commendation Medal, First Oak Leaf Cluster, to the applicant for meritorious service in connection with military operations against a hostile force during the period from 9 July 1966 to 19 June 1967. A search of all records pertinent to the applicant was conducted. There is no evidence and the applicant has provided none to show that he was awarded the basic Army Commendation Medal; however, this does not mean that it was not awarded. In circumstances like these, the Board has elected to give the applicant the benefit of doubt, and since this award was not included on his DD Form 214 on his separation, it would be appropriate to add it to his separation document at this time.

4. A review of applicant's records revealed no disqualifying information and in fact revealed an excellent record of service; therefore, the Board feels that he is entitled to award of the Good Conduct Medal for the period of service from 10 December 1965 through 5 March 1968 and that this award should be added to his DD Form 214.

5. Applicant qualified as Expert with the .30 Caliber Machinegun on 6 April 1966. The Expert Marksmanship Qualification Badge with Machinegun Bar is not shown on his DD Form 214 and it would therefore be in the interest of justice to add it now.

6. The applicant was assigned to the 1^st Battalion, 327^th Infantry, 101^st Airborne Division, when it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July through 31 July 1966 and from
9 December 1966 through 18 January 1967 by Department of the Army General Order Number 21 dated 1969. He was also assigned to the unit when it was awarded the Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 by Department of the Army General Order Number 1, dated 1969. The applicant is entitled to have these unit awards entered on his DD Form 214. Although the applicant is entitled to more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, "not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual." Further, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

7. The applicant was present and participated in one campaign during his tenure in the Republic of Vietnam (Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967); therefore, he is entitled to one bronze service star to be affixed to his already awarded Vietnam Service Medal.

8. The applicant was assigned in the Republic of Vietnam for the period from 10 July 1966 until he was wounded in action in May 1967 and subsequently medically evacuated to the States for treatment. He is therefore entitled to award of one Overseas Service Bar and it should be reflected on his DD Form 214.

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

RECOMMENDATION:

That all Department of the Army records related to this case be corrected by amending Item 24 of his DD Form 214 to show that he is entitled to the following awards and decorations, in addition to those already reflected on that document: the Purple Heart, the Bronze Star Medal with "V" Device, Army Commendation Medal (1^st Oak Leaf Cluster), the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with Machinegun Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards), the Meritorious Unit Commendation, two bronze service stars to be affixed to his already awarded Vietnam Service Medal and one Overseas Service Bar.


BOARD VOTE:

__jl___ __gdp___ __cg____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Joann Langston
                  ______________________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002067613
SUFFIX
RECON
DATE BOARDED	20020425
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015.0000
2.	107.0014.0000
3.	107.0020.0000
4.	107.0000.0000
5.
6.