PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002070749


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		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 DD Form 214 (Report of Transfer or Discharge) to show his service in Vietnam and Korea. He also requests award of the Purple Heart.

3. The applicant states, in effect, that his discharge document does not show his service in Vietnam or Korea. He also contends that he is entitled to award of the Purple Heart for wounds received in action in Vietnam. In support of his application, he submits a copy of his DD Form 214 with an effective date of
14 July 1971 and a clinical record, dated 1 February 1967.

4. The applicant’s military records show that he enlisted on 1 December 1965 for a period of 3 years. He served as a light weapons infantryman in Vietnam from
7 September 1966 through 12 February 1967 and in Korea from 13 February 1967 through 6 March 1968. He served in Germany from 18 April 1968 through 9 April 1970 and served a second tour in Vietnam from 19 April 1970 to 30 May 1970. The applicant remained on active duty through continuous reenlistments until he was discharged on 24 February 1972 under honorable conditions under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.

5. The applicant’s DD Form 214 with an effective date of 17 May 1967 does not show his dates of service during his first tour in Vietnam.

6. The applicant’s DD Form 214 with an effective date of 29 August 1968 does not show that he served in Korea.

7. The applicant’s DD Form 214 with an effective date of 17 May 1967 does not show the Purple Heart as an authorized award.

8. The applicant provided a clinical record, dated 1 February 1967, which shows that he sustained multiple fragment wounds to his chest, abdomen, left leg and right arm as a result of hostile action on 18 November 1966 in Vietnam when a mine exploded while he was on a search and destroy mission. Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) also shows that he sustained fragment wounds to his neck, chest, abdomen, left leg, and right arm from a booby trap on 18 November 1966.

9. The Board noted that the applicant’s DD Form 214 with an effective date of
12 October 1970 shows his dates of service in Vietnam during his second tour in Vietnam.

10. The applicant’s DD Form 214 with an effective date of 17 May 1967 shows the Vietnam Service Medal as an authorized award. However, the applicant’s DA Form 20 (Enlisted Qualification Record) shows he participated in one
campaign during his first tour in Vietnam and participated in two campaigns during his second tour in Vietnam.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970. This award is not shown on his discharge document with an effective date of 17 May 1967.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970. This award is not shown on his discharge document with an effective date of 17 May 1967.

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

14. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

15. 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.

CONCLUSIONS:

1. Evidence of record shows the applicant served in Vietnam from 7 September 1966 through 12 February 1967. Therefore, in accordance with the governing regulation, he is entitled to correction of item 30 (Remarks) on his DD Form 214 with an effective date of 17 May 1967 to show his inclusive dates of service in Vietnam.

2. Medical evidence of record shows the applicant was wounded as a result of hostile action on 18 November 1966 in Vietnam. Based on the foregoing, the Board determined that there is sufficient evidence on which to base award of the Purple Heart in this case. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 17 May 1967 to show award of the Purple Heart.

3. Evidence of record shows the applicant served in Korea from 13 February 1967 through 6 March 1968. Therefore, in accordance with the governing regulation, the applicant is entitled to correction of item 30 (Remarks) on his DD Form 214 with an effective date of 29 August 1968 to show the entry, “Yes” for his service in Korea.

4. The applicant’s DD Form 214 with an effective date of 17 May 1967 shows the Vietnam Service Medal as an authorized award. However, evidence of
record shows the applicant participated in one campaign during his first assignment in Vietnam which is not correctly shown by award of one bronze service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one bronze service star and correction of this DD Form 214 to show these awards.

5. Evidence of record also shows the applicant participated in two campaigns during his second tour in Vietnam, for a total of three campaigns during his two assignments in Vietnam. Therefore, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 with an effective date of 12 October 1970 to show these awards.

6. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 17 May 1967 to show these unit citations.

7. 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:

         a. by showing the entry, “VIETNAM SERVICE: 7SEP66-12FEB67” in item 30 (Remarks) on the DD Form 214 with an effective date of 17 May 1967 of the individual concerned;

         b. by showing the entry, “KOREA: YES” in item 30 (Remarks) on his DD Form 214 with an effective date of 29 August 1968;

         c. by showing the entries, “Purple Heart”, “Vietnam Service Medal with one bronze service star”, “Republic of Vietnam Gallantry Cross with Palm Unit Citation” and “Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 with an effective date of 17 May 1967;

         d. by deleting the entry, “NA” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 with an effective date of 12 October 1970; and

e. by showing the entry, “Vietnam Service Medal with three bronze service stars” in item 24 on his DD Form 214 with an effective date of 12 October 1970.

BOARD VOTE:

RVO____ RWA___ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070749
SUFFIX
RECON
DATE BOARDED	20020620
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0015
3.	107.0000
4.
5.
6.