PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 August 2002
         DOCKET NUMBER: AR2002068818


         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. Paul Wright		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Arthur A. Omartian		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 records to show award of the Bronze Star Medal with "V" Device, the Republic of Vietnam Gallantry Cross with Bronze Star, and the Purple Heart.

3. The applicant states that he received the Bronze Star Medal with "V" Device and the Republic of Vietnam Gallantry Cross with Bronze Star in the mail about 3 months after his discharge. He never received the Purple Heart.

4. The applicant’s military records show that, on 17 October 1966, he was inducted into the Army of the United States for a period of 2 years. He successfully completed basic training and advanced individual training, and was awarded military occupational specialty (MOS) 12B, Combat Engineer.

5. Upon graduation from advanced individual training, the applicant was assigned to duty in Vietnam with Company C, 8th Engineer Battalion, 1st Cavalry Division. He served in Vietnam from 6 June 1967 through 5 June 1968.

6. On 10 July 1968, the applicant was reassigned to the United States and duty with Company B, 7th Engineer Battalion, 5th Infantry Division (Mech), Fort Carson, Colorado.

7. On 12 July 1968, the applicant requested early separation from active duty in order to attend school under the provision of Army Regulation (AR) 635-200, Section VIII. His request was approved on 15 July 1968 by the Assistant Adjutant General, 5th Infantry Division (Mech), Fort Carson.

8. On 24 July 1968, the applicant was honorably separated from active duty and transferred to the U.S. Army Control Group (Annual Training). He was credited with 1 year, 9 months, and 8 days of active Federal service. His DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with Bronze Service Star, Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the Air Medal.

9. The applicant's DD Form 214 does not show the award of the Bronze Star Medal with "V" Device, the Republic of Vietnam Cross of Gallantry with Bronze Star, or the Purple Heart.

10. The applicant's records contain 1st Cavalry Division General Orders Number 8402, dated 15 July 1968, which awarded him the Bronze Star Medal with "V" Device.

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11. The applicant's records contain a copy of a 2 December 1968 Headquarters, U.S. Army Vietnam letter, subject: Authorization for Individual Foreign Award, that authorizes the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.

12. The are no orders in the applicant's service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations). In addition, the applicant's name does not appear on the Vietnam Casualty List as having been wounded in Vietnam.

13. 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 states, in pertinent part, that the Good Conduct Medal (GCMDL) 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.

14. 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 was twice cited for award of the Meritorious Unit Commendation during his tenure with the unit. The first period was 1 September 1966 to 31 August 1967 by Department of the Army General Orders Number 48, dated 1968; and the second period was 1 September 1967 to 31 August 1968 by Department of the Army General Orders Number 51, dated 1971. The applicant's unit was also cited for the Valorous Unit Award for actions during the period 1-31 October 1967 by Department of the Army General Orders Number 39, dated 1970. The applicant's unit was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 59, dated 1969.

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15. AR 600-8-22, in pertinent part, authorizes award of a Bronze Service Star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS will be worn on the appropriate service medal. The applicant served in Vietnam during three campaigns -- Vietnam Counteroffensive, Phase III; Tet Counteroffensive; and Vietnam Counteroffensive, Phase IV.

16. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB). In pertinent part, it provides 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. There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the OSB.

17. U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units. This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross of Gallantry as a personal decoration. This decoration is awarded to personnel who have conducted themselves heroically in action and have displayed deeds of valor while fighting the enemy. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star. Approval to accept and to wear a personal award of the Vietnam Cross of Gallantry required approval by the Commanding General of United States Army Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

18. AR 600-8-22 provides, in pertinent part, that the Purple Heart (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.

CONCLUSIONS:

1. The applicant has orders in his records to show that he is entitled to the Bronze Star Medal with "V" Device. Therefore, he is entitled to correction of his records to show this award.

2. The applicant is entitled to the first award of the Good Conduct Medal for the period 17 October 1966 through 24 July 1968 based on completion of a period of qualifying service ending with the termination of a period Federal military service. Therefore, he is entitled to correction of his records to show this award.

3. General Orders show the applicant is entitled to award of the Valorous Unit Award. Therefore, he is entitled to correction of his records to show this unit award.

4. General Orders show that the applicant is entitled to two awards of the Meritorious Unit Commendation. Therefore, he is entitled to correction of his records to show award of this unit citation with first oak leaf cluster.

5. The applicant also has a letter from Headquarters, U.S. Army Vietnam in his records showing that he is entitled to receive and wear the Republic of Vietnam Gallantry Cross with Bronze Star as an individual award. Therefore, he is entitled to correction of his records to show this foreign decoration.

6. General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show award of this foreign unit award.

7. According to AR 600-8-22 and his service records, the applicant is entitled to award of three bronze service stars (BSS) for wear on his Vietnam Service Medal. Therefore, he is entitled to correction of his records to show award of
3 BSSs for wear on his Vietnam Service Medal.

8. According to AR 670-1 and his service records, the applicant is entitled to award of two Overseas Service Bars. Therefore, he is entitled to correction of his records to show award of 2 OSBs.

9. There are no orders in the applicant's records to show that he was awarded the Purple Heart. There also is no evidence in his records to show that he was ever wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in Item 40 (Wounds), nor does it list the Purple Heart in Item 41 (Awards and Decorations). In addition, the applicant's name does not appear on the Vietnam Casualty List as having been wounded in Vietnam. Based on these facts, there is insufficient evidence to support an award of the Purple Heart.

10. In view of the foregoing, the applicant’s records should be corrected, 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 showing that he was awarded the Bronze Star Medal with "V" Device, the Good Conduct Medal, the Valorous Unit Award, the Meritorious Unit Commendation (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Bronze Star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, three bronze service stars for wear on his Vietnam Service Medal, and two Overseas Service Bars.

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

BOARD VOTE:

__inw___ __aao___ __tl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Irene N. Wheelwright
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068818
SUFFIX
RECON
DATE BOARDED	20020827
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0015
3.	107.0056
4.	107.0094
5.
6.