PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 May 2002
         DOCKET NUMBER: AR2002068786


         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. Nancy Amos		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. John N. Slone		Member
Mr. Terry L. Placek		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 that his Report of Separation from Active Duty, DD Form 214, be corrected to add the Purple Heart and the Bronze Star Medal with “V” device.

3. The applicant states that proof that he was awarded the Purple Heart and the Bronze Star Medal with “V” device should be in his records. He provides his DD Form 214 for the period ending 10 May 1979 as supporting evidence.

4. The applicant’s military records show that he initially enlisted in the Regular Army on 31 August 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). He arrived in Vietnam on or about 25 February 1967 and was assigned to Company C, 1^st Battalion, 2d Infantry, 1^st Infantry Division as a rifleman, ammunition bearer, and machine gunner. Special Orders 173, Headquarters, 1^st Infantry Division dated 22 June 1967 awarded him the Combat Infantryman Badge. His Enlisted Qualification Record, DA Form 20, item 40 shows he received shrapnel wounds in the left leg in December 1967 (the day is illegible). He departed Vietnam on 9 February 1968 after having received participation credit for three campaigns and was reassigned to Company A, 3d Battalion, 37^th Armor in Europe. He was reclassified into MOS 11E (Armor Crewman).

5. The applicant was honorably discharged on 10 May 1979. His records show he was eligible for and was awarded three awards of the Army Good Conduct Medal (he had one disqualifying period when he received a “good” efficiency rating in 1971) and that he is eligible to wear three bronze service stars on the Vietnam Service Medal. His DD Form 214 for the period ending 10 May 1979 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with device 1960, the Army Good Conduct Medal, the Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Qualification Badge Rifle M-16.

6. Army Regulation 600-8-22 states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. It states that one bronze service star is worn on the appropriate service medal to denote each credited campaign participation.

7. Department of the Army Pamphlet 672-3 shows that the 1^st Battalion, 2d Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period October 1965 through 7 April 1970.
8. A search of records at the U. S. Total Army Personnel Command failed to locate Purple Heart or Bronze Star Medal with “V” device orders on the applicant. A search of unit records at the National Archives, College Park, MD failed to identify the applicant as being entitled to award of the Purple Heart or Bronze Star Medal with “V” device.

9. Title 10, U. S. Code, section 1130 (formerly known as section 522 of the National Defense Authorization Act of 1996) provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law. A separate DA Form 638, Recommendation for Award must be submitted. The individual’s unit, the period of assignment, and the award being recommended must be clearly identified. A narrative of the actions or period for which this recognition is requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request. The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requestor. The request should be sent, through the Member of Congress, to: Commander, U. S. Total Army Personnel Command, ATTN: TAPC-PDO-PA (Awards Branch), Room 3S67, Hoffman II, 200 Stovall Street, Alexandria, VA 22332-0400.

CONCLUSIONS:

1. The applicant’s DA Form 20 shows he was wounded in action in December 1967. The Board accepts this as sufficient evidence to show he met the eligibility criteria for award of the Purple Heart.

2. There is no evidence of record and the applicant has provided none to show he was awarded the Bronze Star Medal with “V” device. If the applicant cannot locate the General Orders awarding him the Bronze Star Medal with “V” device, he may submit a recommendation for award using the procedures outlined above.

3. The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal, First Class. The Republic of Vietnam Gallantry Cross with Palm Unit Citation is already shown on his DD Form 214.

4. The applicant’s DD Form 214 for the period ending 10 May 1979 contains administrative errors concerning the Vietnam Service Medal and the Army Good Conduct Medal. He is authorized to wear three bronze service stars on the Vietnam Service Medal. He was awarded three Army Good Conduct Medals. He was awarded the Combat Infantryman Badge but it is not shown on this DD Form 214.

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 him the Purple Heart for wounds received in action in December 1967.

2. That the applicant’s DD Form 214 for the period ending 10 May 1979 be amended to add the Purple Heart and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and to show he is authorized three bronze service stars with the Vietnam Service Medal and was awarded three Army Good Conduct Medals.

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

BOARD VOTE:

__jl____ __jns___ __tlp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Joann Langston
                  ______________________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002068786
SUFFIX
RECON
DATE BOARDED	20020509
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0015
3.
4.
5.
6.