PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002071006


         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. Fred N. Eichorn		Chairperson
Ms. Shirley Powell		Member
Mr. Elzey J. Arledge		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.

---

2. The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show his first duty assignment in Vietnam. He also requests award of the Purple Heart, the Good Conduct Medal, the Army Commendation Medal and the Bronze Star Medal.

3. The applicant states, in effect, that his DD Form 214 does not show that he was assigned to the Security Guard Company Special Troops while serving in Vietnam. He also contends that he was wounded in his right hand and arm while in a convoy in Vietnam on or about 27 April 1967; however, he did not accept the Purple Heart. He further states that he did not accept an award of the Bronze Star Medal for heroic actions on or about 23 September 1967 in Vietnam. He goes on to state that he does not have the orders for the Purple Heart or the Bronze Star Medal but that his wife said “they” sent him papers and he was supposed to go to Fort Bliss to receive them. In support of his application, he submits a letter of explanation, dated 22 March 2002; a copy of his DD Form 214; a Transmittal of Awards, dated 30 December 1967, for the Army Commendation Medal; an Honorable Discharge Certificate, dated 23 November 1971; a letter, dated 19 March 2002, from the Department of Veterans Affairs; orders, dated 22 November 1967, for the first award of the Good Conduct Medal; orders, dated 14 December 1967, for the Army Commendation Medal; reassignment orders, dated 14 April 1967; an undated DA Form 137 (Installation Clearance Record); a DD Form 149 (Application for Correction of Military Record), dated 10 May 2002; and Special Orders Number 42, dated 11 February 1967.

4. The applicant’s service personnel records contain a DD Form 215 (Correction to DD Form 214), dated 24 April 2002, which shows his DD Form 214 was amended to show award of the Good Conduct Medal and the Army Commendation Medal. Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

5. The applicant’s military records show that he was inducted on 24 November 1965. He served as a dog trainer and field artillery crewman in Vietnam from
21 February 1967 through 9 November 1967 and was honorably released from active duty on 12 November 1967.

6. Item 12 (Last Duty Assignment and Major Command) on the applicant’s DD Form 214 shows the entry, “BTRY D 8TH BN 6TH ARTY 1ST INF DIV” [Battery D, 8th Battalion, 6th Artillery, 1st Infantry Division].

7. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Bronze Star Medal as authorized awards.

8. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was assigned to the Security Guard Company Special Troops from 21 February 1967 through 26 April 1967 in military occupational specialty (MOS) 00C20 (dog trainer). The DA Form 20 also shows his last assignment in Vietnam was with Battery D, 8th Battalion, 6th Artillery, 1st Infantry Division from 27 April 1967 through 9 November 1967 in MOS 13B (field artillery crewman).

9. There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

10. His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.

11. There are no orders for the Bronze Star Medal in the applicant’s service personnel records.

12. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in two campaigns during his assignment in Vietnam.

13. 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 21, dated 1969. This award is not shown on his discharge document.

14. 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.

15. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. This regulation does not provide for units of assignment to be listed on the DD Form 214.

16. 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.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

18. 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.

19. Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

CONCLUSIONS:

1. The applicant’s request that his first duty assignment in Vietnam be shown on his discharge document was noted by the Board. However, evidence of record shows that the applicant’s first duty assignment is properly shown on his DA Form 20.

2. Evidence of record also shows that the applicant’s last duty assignment (Battery D, 8th Battalion, 6th Artillery, 1st Infantry Division) in Vietnam is properly reflected in item 12 (Last Duty Assignment and Major Command) on his DD Form 214.

3. There are no provisions for entering duty assignments on the DD Form 214. Therefore, the applicant is not entitled to the addition of his first duty assignment in Vietnam on his DD Form 214 as requested.

4. The Board noted the applicant’s contention that he was wounded in his right hand and arm while in a convoy in Vietnam on or about 27 April 1967. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

5. The Board also noted the applicant’s contention that he did not accept an award of the Bronze Star Medal for heroic actions on or about 23 September 1967 in Vietnam. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

6. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

7. The applicant’s unit was cited for 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 to show these unit citations.

8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

FNE___ SP______ EJA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002071006
SUFFIX
RECON
DATE BOARDED	20021022
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0000
3.
4.
5.
6.