PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 May 2002
         DOCKET NUMBER: AR2002069584


         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. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Donald P. Hupman, Jr.		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 that his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, be amended to show his correct social security number (SSN) and that the Purple Heart be added to his DD Form 214.

3. The applicant states in effect, that his social security number (SSN) is annotated on his DD Form 214 incorrectly. He was wounded in action by hostile forces while assigned to the Republic of Vietnam (RVN). However, the award of the Purple Heart is not reflected on his DD Form 214. The applicant submits in support of his application a copy of his DD Form 214, a copy of his Ohio Driver’s License and a copy of the Western Union Telegram.

4. The applicant’s military records show that he was inducted in the Army of the United States on 18 October 1965. He completed basic combat training and advanced individual training and was awarded military occupational specialty
(MOS) 05B20 (Radio Operator). In August 1966, the applicant’s MOS was changed to 11D20 (Armor Intelligence Specialist).

5. His Enlisted Qualification Record, DA Form 20, shows that he departed for the Republic of Vietnam (RVN) on or about 20 August 1966. He was assigned to Troop K, 3^rd Squadron, 11^th Armored Cavalry Regiment as a radio operator and as an Armor Intelligence Specialist. The applicant departed the RVN on or about
16 July 1967.

6. On 21 July 1967, the applicant was released from active duty and transferred to the U. S. Army Reserve. His DD Form 214, item 24, shows as authorized awards the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Expert Badge (Rifle M-16 and M-14) and one Overseas Service Bar. It does not show the PH as an authorized award.

7. The applicant’s record shows that he served in the RVN from 20 August 1966 through 16 July 1967, serving through two campaigns – Vietnam Counteroffensive, Phase II from 1 July 1966 through 31 May 1967 and Vietnam Counteroffensive, Phase III from 31 May 1967 through 29 January 1968.

8. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. The evidence of record also shows that the applicant participated in two campaigns during his assignment in Vietnam. His participation in the two campaigns entitled him to the award of two bronze service stars. However, the awards of the two bronze service stars are not reflected on his DD Form 214.




9. The applicant’s DA Form 214 also shows the Vietnam Campaign Medal as an authorized award. However, the applicant’s DA Form 20, item 41 (Awards and Decorations) shows that he was entitled to wear the Device 60 with the Vietnam Campaign Medal.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Troop K, 3^rd Squadron, 11^th Armored Cavalry Regiment was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 7 September 1966 through 10 August 1968, based on the Department of the Army General Orders #60, dated 1969. This award is not listed on the applicant’s DD Form 214.

11. The applicant’s DD Form 214, item 3, shows his SSN as 272-__-___. However, several official documents filed in the applicant’s official military personnel service record show his SSN as 292-__-___.

12. The Ohio state driver’s license furnished by the applicant show his SSN as
292-__-___.

13. There are no orders in the applicant’s service personnel record, which show that he was awarded the Purple Heart.

14. The applicant furnished a copy of a hand written Western Union Telegram that notified his parents that he was wounded in action on 19 June 1967. He sustained metal fragment wounds over his entire body.

15. The original Western Union Telegram dated 20 June 1967, filed in the applicant’s official military personnel service record confirms the applicant’s
injury. The applicant is also listed on the 1966 – 1967 Vietnam Casualty Roster as being wounded in action by hostile forces.

16. There is no indication in the applicant’s personnel record that shows he was awarded the Army Good Conduct Medal. There is no evidence that the applicant was disqualified by his unit commander for the Army Good Conduct Medal. His record shows that he received excellent conduct and efficiency ratings during his entire period of service. There is no evidence of derogatory information contained in the available record.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

18. Army Regulation 600-8-22 provided, in pertinent part, that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and for the first award only, upon termination of service on or after 27 June 1950, or less than
3 years but more than 1 year. At the time, a soldier’s conduct and efficiency rating must have been rated as “excellent” for the entire period of qualifying service.

CONCLUSIONS:

1. The Board notes that an administrative error, occurred in the preparation of the applicant’s DD Form 214, his SSN should read 292-__-___ instead of 272-__-___. Therefore, correction of his DD Form 214, to show the correct SSN is appropriate.

2. The evidence of record authenticates the evidence furnished by the applicant which clearly shows that he was wounded and was treated for an injury received as a result of hostile action. Therefore, correction of his record is appropriate to show the Purple Heart.

3. The evidence of record shows that the applicant met the regulatory requirements and was eligible to receive the Army Good Conduct Medal for the period 18 October 1965 through 21 July 1967.

4. The evidence of record shows that the applicant was assigned to a unit at the time that the unit was awarded the RVN Gallantry Cross with Palm Unit Citation.
The evidence of record also shows that the applicant served in the RVN during two campaigns, entitling him to wear two bronze service stars on the Vietnam Service Medal.

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 the individual concerned the Army Good Conduct Medal:
for the period 18 October 1965 through 21 July 1967.



2. That the applicant’s DD Form 214 be amended to show the Army Good Conduct Medal, the Purple Heart, the RVN Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal with Device 60 and to correct his SSN to 292-__-___.

BOARD VOTE:

__mhm__ __kan___ __dph___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Melvin H. Meyer
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069584
SUFFIX
RECON
DATE BOARDED	20020514
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	100.0900
3.
4.
5.
6.