PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 15 AUGUST 2002
         DOCKET NUMBER: AR2002070806


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Irene N. Wheelwright		Member
Mr. Jose A. Martinez		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 records be corrected to reflect award of the Purple Heart and Bronze Star Medal with "V" device. He states that he was wounded on 22 June 1969 and the "shrapnel is still in [his] neck." In support of his request he submits a 16 May 2001 statement from the VA.

3. Records available to the Board indicate the applicant entered active duty on
28 February 1968 and was assigned to Vietnam as an infantryman in October 1968. On 4 November 1968 he was assigned to Company B, 3^rd Battalion, 7^th Infantry, part of the 199^th Infantry Brigade.

4. Documents in the applicant's records, associated with testimony during a court-martial action, indicate the applicant was awarded an "impact" Bronze Star Medal as a result of his heroic actions in January 1969. That award was confirmed by Department of the Army in April 1973. The "Letter Orders" confirmed award of the Bronze Star Medal with "V" device as a result of the applicant's "heroic achievement on or about 1 January 1969 in Vietnam…." There is, however, no indication action was ever taken to amend the applicant's separation document to reflect the award.

5. Information contained in the applicant's file, which appears to be a summary of the applicant's testimony during his 1972 court-martial action, indicates that the applicant reported being wounded and evacuated to a military hospital in Okinawa. The applicant's DA Form 20 (Enlisted Qualification Record) confirms that the applicant was evacuated from Vietnam to Okinawa, in a patient status, on 25 June 1969. He was subsequently released from the hospital and assigned to Fort Benning, Georgia in September 1969.

6. There were no medical records available to the Board and item 40 (wounds) on his DA Form 20 is blank. The applicant's name was not on the Vietnam Casualty List. The VA statement merely indicates that the applicant is "eligible for a Purple Heart for shrapnel in the neck-still in place- and is applying for this."

7. On 15 November 1973 the applicant was discharged under honorable conditions. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect entitlement to the Purple Heart, or a Bronze Star Medal with "V" device. His separation document does, however, indicate that he was awarded a Combat Infantryman Badge and an Army Commendation Medal.

8. The applicant's record also contains a Bronze Star Medal certificate and citation indicating the applicant was awarded the Bronze Star Medal for meritorious achievement during the period October 1968 to October 1969. The certificate is dated 1 October 1969, was authenticated by the Commanding General (Warren K. Bennett), 199^th Infantry Brigade, and reflects Secretary of the Army, Stanley R. Resor's signature. General Bennett commanded the 199^th Infantry Brigade from May 1969 through November 1969 and Secretary Resor was Secretary of the Army from 2 July 1965 through 30 June 1971. The award was clearly intended to be an "end of tour" award based on the applicant's original scheduled departure from Vietnam.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

10. By virtue of the applicant's assignment in Vietnam he is entitled to a Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal Unit Citation-First Class, and a silver service star on his Vietnam Service Medal. The silver service star denotes participation in five designated campaign periods (Vietnam Counteroffensive-Phase IV, V, and VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969). The unit awards were omitted from his separation document. The silver service star was omitted from the Vietnam Service Medal recorded on his separation document.

CONCLUSIONS:

1. The evidence confirms that the applicant was awarded a Bronze Star Medal with "V" device for his heroic actions on 1 January 1969. His records should be corrected accordingly.

2. The Board also concludes that the applicant's command in Vietnam intended to recognize the applicant with a Bronze Star Medal in recognition of his service in Vietnam as evidenced by the award, which was finalized in October 1969. The award certificate was authenticated by the appropriate commander and reflects the signature of the Secretary of the Army at that time. In spite of the fact that the award was finalized several months after his departure from Vietnam, and included a period of service that exceeded the applicant's tour, the intent of the command should not now be disregarded. As such, the Board concludes that it would be appropriate, and in the interest of justice to confirm award of the Bronze Star Medal but amend the period of the award to coincide with his actual tour of duty in Vietnam (October 1968 to June 1969).

3. Unfortunately, there is insufficient evidence to confirm the applicant was wounded as a result of hostile action. Although his records do indicate he was evacuated from Vietnam in a patient status, information concerning the basis for that evacuation appears to be information which was provided by the applicant and is not confirmed in any medical evidence, documentation contained in available files, or recorded on the Vietnam Casualty List. As such, the Board concludes there is insufficient evidence to warrant an award of the Purple Heart.

4. However, the Board does note that the applicant's records should also be corrected to reflect entitlement to a Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal Unit Citation-First Class, and one silver service star on his Vietnam Service Medal, which were omitted from his separation document.

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:

a. by showing that the individual concerned was awarded a Bronze Star Medal with "V" device for his heroic actions on 1 January 1969;

b. by confirming his entitlement to a Bronze Star Medal for meritorious achievement but amending the existing citation to reflect a period of October 1968 to June 1969 vice October 1968 to October 1969; and

c. by showing that he is entitled to a Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal Unit Citation-First Class, and a silver service star on his Vietnam Service Medal.

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

BOARD VOTE:

__JNS __ __INW __ __JAM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____ John N. Slone____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070806
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020815
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.