PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 September 2002
         DOCKET NUMBER: AR2002069950


         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. W. E. Schnupp		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. William D. Barr		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 military record be corrected to show that he was awarded the Bronze Star Medal (BSM) with “V” device and 1^st oak leaf cluster (OLC), the Army Commendation Medal (ARCOM) with “V” device and the Purple Heart.

3. The applicant states he earned the awards while in Vietnam. In support of his request, he submits a copy of his DD Form 214, Report of Transfer or Discharge, a copy of the general orders awarding him the BSM with “V” device and the ARCOM with “V” device, a copy of the citation awarding him the BSM for meritorious service, and copies of the award certificates for the BSM with “V” device and 1^st OLC.

4. The applicant’s military record shows that he entered the Army on 4 October 1967, was trained as an infantry indirect fire crewman and served in Vietnam with Troop C, 1^st Squadron, 4^th Cavalry, 1^st Infantry Division, from 21 March 1968 to 21 February 1969. He was honorably separated to the US Army Reserve in pay grade E-4 upon completion of his term of service on 3 October 1969.

5. Awards reflected on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal (no campaign stars indicated), the Vietnam Campaign Medal with 1960 device, the ARCOM (no “V” device indicated), the Combat Infantryman Badge and the Sharpshooter Badge with M-14.

6. General Orders Number 11060, issued by Headquarters 1^st Infantry Division on 18 October 1968, the copy provided by the applicant (a copy of which is also included in his Official Military Personnel File (OMPF)), shows that the applicant was awarded the BSM with “V” device for heroism on 20 July 1968. The reason for the award includes a statement that the applicant, “was wounded in the face by shrapnel” during the action. Item 40 (wounds) of his Enlisted Qualification Record also contains an entry indicating that he suffered shrapnel wounds to the face on 20 July 1968.

7. General Orders Number 8895, issued by Headquarters 1^st Infantry Division on 23 August 1968, the copy provided by the applicant (a copy of which is also included in his OMPF), shows that he was awarded the ARCOM with “V” device for heroism on 18 April 1968.

8. General Orders Number 1104, issued by Headquarters 1^st Infantry Division on 10 February 1969, contained in his records, shows that he was awarded the 1^st OLC to the BSM for meritorious service for the period March 1968 to March 1969.




9. The applicant’s Enlisted Qualification Record reflects that throughout his active duty service his conduct and efficiency were rated as excellent.

10. Army Regulation 600-8-22, Military Awards, 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.

11. The same regulation provides, in pertinent part, that the Army Good Conduct Medal (AGCM) is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service. For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

12. The awards regulation also provides for service stars to be worn on campaign and service ribbons to denote an additional award or to denote participation in a designated campaign. The campaign credit list shows that during the applicant’s assignment in Vietnam, he should have been credited with participation in four campaigns, the Tet Counteroffensive from 30 January 1967 to 1 April 1968, the Vietnam Counteroffensive, Phase lV from 2 April 1968 to 30 June 1968, the Vietnam Counteroffensive, Phase V from 1 July 1968 to 1 November 1968, and the Vietnam Counteroffensive, Phase Vl from 2 November 1968 to 22 February 1969.

13. Army Regulation 600-200, Preparation and Maintenance of the Enlisted Qualification Record, the regulation then in effect, provides in pertinent part, that item 40 (wounds) will contain a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization, as well as the date wounded or injured.

14. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant’s unit, Troop C, 1^st Squadron, 4^th Cavalry, 1^st Infantry Division, during his tenure, was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 12 July 1966 to 7 April 1970. Additionally, the 1^st Squadron, 4^th Cavalry,






1^st Infantry Division, was awarded the Valorous Unit Award for the period 31 January to 31 May 1968 and the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 12 July 1965 to 16 October 1968.

CONCLUSIONS:

1. The evidence of record in the form of general orders show that the applicant was awarded the BSM with “V” device and 1^st OLC and the ARCOM with “V” device. The ARCOM currently shown on his DD Form 214 does not show that the award included a “V” device.

2. While there are no orders or medical records showing that the applicant is entitled to the Purple Heart, the citation for the BSM with “V” device clearly shows that he was wounded in the face as a result of enemy action on 20 July 1968, during the same action for which he was awarded the BSM with “V” device. The entry under wounds on his Enlisted Qualification Record further confirms the fact of his wounding.

3. Additionally, during his 2 years of active duty from 4 October 1967 to 3 October 1969, all of his conduct and efficiency ratings were excellent and the record reflects no lost time or disciplinary action, thus it would appear that he is entitled to the AGCM.

4. Finally, in order to make the record accurately reflect all of the awards to which he is entitled, it should be shown that during his Vietnam service he participated in 4 campaigns and is entitled to 4 bronze service stars to be worn on his Vietnam Service Medal, and to show the following unit level awards: the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the BSM with “V” device and 1^st OLC, the ARCOM with “V” device, the Purple Heart for wounds received on 20 July 1968, the AGCM for the period 4 October 1967 to 3 October 1969, the





Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and 4 bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

__fne____ ___wdb_ ___bje __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069950
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020910
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107,00
2.
3.
4.
5.
6.