PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 August 2002
         DOCKET NUMBER: AR2002072466


         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. Beverly A. Young		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for wounds sustained on 1 April 1970 at Field Support Base Illingsworth in Vietnam, three awards of the Army Commendation Medal, the Valorous Unit Award, and in effect, four bronze service stars for wear on the Vietnam Service Medal.

3. The applicant states, in effect, that his DD Form 214 is in error. In support of his application, he submits a copy of his DD Form 214; a supplemental letter; a citation for award of the Army Commendation Medal; a personal statement; orders awarding the Valorous Unit Award; two letters of commendation; a certificate of Lineage and Honors for the 2d Battalion, 32nd Field Artillery; a Supplemental Statement from the Department of Veterans Affairs (DVA); a DA Form 1594 (Daily Staff Journal or Duty Officer's Log); two orders awarding the Army Commendation Medal for heroism; operational reports of the 2nd Battalion, 32d Artillery; four newspaper articles; numerous photos of the Battle of Fire Support Base Illingsworth and the applicant's wounds; and a letter from the Vietnam Veterans of America, Incorporated.

4. The applicant’s military records show that he was inducted in the Army on 19 September 1968 and completed basic and advanced individual training. He served in Vietnam from 10 February 1969 through 24 April 1970 as a cannoneer and was honorably released from active duty on 25 April 1970.

5. The applicant's DD Form 214 does not show the Purple Heart, three awards of the Army Commendation Medal or the Vietnam Service Medal with four bronze service stars as authorized awards.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in
item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The applicant's name is not listed on the Vietnam Casualty Roster.

7. The applicant provided a copy of a daily staff journal which indicates that his unit, 2nd Battalion, 32nd Artillery, received a rocket mortar and troop assault on 1 April 1970. This document further indicated that the unit had "27 wounded" in action.

8. The applicant provided a 4 June 1999 DVA Supplemental Statement of the Case which stated that his previous supplemental case granted service connection for tinnitus and for shrapnel wound scars of his hands and arms.

9. The applicant's DD Form 214 shows entitlement to one award of the Army Commendation Medal.

10. The applicant provided a copy of Headquarters, U.S. Army Vietnam General Orders Number 3650, dated 26 September 1969, which awarded him the Army Commendation Medal with "V" Device for action on 12 August 1969.

11. The applicant also provided a copy of Headquarters, II Field Force Vietnam Artillery General Orders Number 544, dated 20 April 1970, which awarded him the Army Commendation Medal with "V" Device (First Oak Leaf Cluster) for action on 1 April 1970.

12. His personnel records contain Headquarters, II Field Forces Vietnam Artillery General Orders Number 576, dated 25 April 1970, which awarded him the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service during the period February 1969 to April 1970.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to Battery A, 2nd Battalion, 32nd Artillery, the unit was cited for award of the Valorous Unit Award for actions on 1 April 1970 by Department of the Army General Orders Number 50, dated 1971.

14. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. Item 39 (Campaigns) on his DA Form 20 shows he received campaign credit for participation in the Vietnam Counteroffensive Phase VI Campaign and the Tet 69 Counteroffensive Campaign.

15. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he also participated in the Vietnam Summer-Fall 1969 Campaign and the Vietnam Winter-Spring 1970 Campaign during the Vietnam War.

16. A review of the applicant's personnel records revealed that he is eligible for the first award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge document.

17. The applicant's personnel records contain Headquarters, II Field Force Vietnam Artillery General Orders Number 392, dated 22 March 1970, which awarded him the first award of the Good Conduct Medal for the period 19 September 1968 to 22 April 1970.
18. 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 5, dated 1973. This document also shows that 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 51, dated 1971.

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

20. 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. There are no orders in the applicant's records which show he was awarded the Purple Heart. The Board also noted that the applicant authenticated his discharge document which shows that he was not awarded the Purple Heart.

2. The Board noted the applicant’s request for issuance of award of the Purple Heart for wounds sustained on 1 April 1970 at the Field Support Base Illingsworth in Vietnam. However, there is no military medical record or other evidence in the applicant’s service personnel records which shows that he was wounded as a result of hostile action or was treated for wounds sustained as a result of hostile action. Further, the daily staff journal submitted by the applicant does not indicate that he was among the casualties on 1 April 1970.

3. The Board noted the DVA Supplemental Statement which indicated that the applicant was granted service connected disability for tinnitus and for shrapnel wound scars of his hands and arms. However, this decision is not sufficient as a basis for award of the Purple Heart in this case particularly in view of the military records which show he was not wounded as a result of hostile action.

4. The applicant's DD Form 214 shows entitlement to one Army Commendation Medal.

5. Orders show the applicant was awarded the Army Commendation Medal with "V" Device for actions on 12 August 1969 and 1 April 1970. Records show he was awarded the Army Commendation for meritorious service for the period February 1969 to April 1970. Therefore, the applicant is entitled to three awards of the Army Commendation Medal and correction of his DD Form 214 to show the Army Commendation Medal (Second Oak Leaf Cluster) with "V" Device.

6. While the applicant was assigned to Battery A, 2nd Battalion, 32nd Artillery, the unit was cited for award of the Valorous Unit Award. Therefore, he is entitled to the Valorous Unit Award and correction of his records to show this award.

7. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.

8. Records show the applicant was awarded the Good Conduct Medal for the period 19 September 1968 to 22 April 1970. Therefore, his DD Form 214 will be amended to show the Good Conduct Medal.

9. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class. Therefore, he is entitled to correction of his records to show these foreign unit awards.

10. 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:

a. by deleting the Army Commendation Medal and the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

b. by amending his DD Form 214 to show he was awarded the Army Commendation Medal (Second Oak Leaf Cluster) with "V" Device, the Valorous Unit Award, the Vietnam Service Medal with four bronze service stars, the Good Conduct Medal, 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:

JNS____ INW_____ JAM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072466
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 IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.