PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002072741


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Bernard P. Ingold		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 that his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, be amended to add the Bronze Star Medal (BSM) with "V" Device, the Combat Infantryman Badge (CIB), and two awards of the Purple Heart.

3. The applicant states that his DD Form 214 does not show all his awards. He provides his BSM orders; an extract from his Enlisted Qualification Record, DA Form 20; and his DD Form 214 as supporting evidence.

4. The applicant’s military records show that he was inducted into the Army on 12 April 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant arrived in Vietnam and was assigned to Company A, 5th Battalion, 60th Infantry, 9th Infantry Division on 20 April 1968 as an infantry squad leader. He was reassigned to Company A, 1st Battalion, 16th Infantry, 1st Infantry Division on 15 September 1968. He was reassigned to Company A, 2d Battalion, 16th Infantry, 1st Infantry Division on 1 November 1968. He departed Vietnam on 31 December 1968 after receiving credit for participating in three campaigns.

6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the Purple Heart by General Orders (GO) 75, Headquarters, 9th Infantry Division and the Purple Heart First Oak Leaf Cluster by GO 76, Headquarters, 9th Infantry Division. Item 40 (Wounds) shows he was wounded on 9 May 1968 and on 10 May 1968.

7. The applicant is listed on the Republic of Vietnam Casualty roster as a battle casualty on 9 May 1968. (He may be listed on the roster twice. There is another Clifford E. S___, with the service number different by one digit, listed on the roster as being wounded on 10 May 1968.)

8. General Orders 9140, Headquarters, 9th Infantry Division dated 24 September 1968 awarded the applicant the BSM with "V" Device for valor in action on 7 May 1968. The citation indicated that, although the applicant was himself wounded, he regrouped his platoon and led an assault on the enemy stronghold, in which he was wounded a second time.

9. A search of the unit historical files at the National Archives in College Park, MD failed to discover either GOs 75 or 76 from Headquarters, 9th Infantry Division. The search did discover GO 75, Headquarters, 3d Field Hospital dated 11 May 1968 which awarded the applicant the Purple Heart for wounds received on 10 May 1968. General Orders 76, Headquarters, 3d Field Hospital dated 11 May 1968 were also discovered; however, the applicant was not listed in these orders.

10. The applicant's DA Form 20, item 41 shows he was awarded the CIB by Special Orders 205, Headquarters, 9th Infantry Division (the date is not given).

11. The applicant was released from active duty on 28 March 1969 in the rank of Staff Sergeant after completing 1 year, 11 months, and 16 days of creditable active service with no lost time. His DA Form 20 shows his conduct and efficiency had been rated as excellent throughout his service. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with device, and one overseas bar.

12. Army Regulation 600-8-22 prescribes procedures and eligibility criteria for award of military decorations. In pertinent part, it states that a Purple Heart is authorized for the first wound suffered while in any action against an enemy of the United States. For each subsequent award an oak leaf cluster will be awarded. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion or agent.

13. Army Regulation 600-8-22 provides for the award of the CIB to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB.

14. Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

15. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

16. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the 5th Battalion, 60th Infantry was awarded the Valorous Unit Award for the period 6 - 12 May 1968 on Department of the Army General Orders (DAGO) 43 dated 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 19 December 1966 - 28 June 1969 on DAGO 59 dated 1969.

17. Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 16th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 - 16 October 1968 on DAGO 21 dated 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period October 1965 - 7 April 1970 on DAGO 53 dated 1970.

18. Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 16th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period October 1965 - 7 April 1970 on DAGO 53 dated 1970.

CONCLUSIONS:

1. The evidence of record shows the applicant was awarded the BSM with V device. His DD Form 214 should be amended to show this award.

2. There is some conflicting record of evidence concerning the dates the applicant was wounded. His DA Form 20 shows he was wounded on 9 and 10 May 1968. The Republic of Vietnam Casualty Roster shows he was wounded on 9 May 1968 (and perhaps 10 May 1968). GO 75, Headquarters, 3d Field Hospital shows he was wounded on 10 May 1968.

3. General Orders 9140, Headquarters, 9th Infantry Division awarding the applicant the BSM with "V" Device shows he was wounded twice on 7 May 1968. It appears the other dates (i.e., 9 and/or 10 May 1968) may have been based on the date the applicant was hospitalized rather than the date he was wounded. Absent further substantiating evidence, such as the applicant's service medical records, which would confirm his being wounded on 9 or 10 May 1968, the Board believes that GO 9140 should be considered the definitive record substantiating the date he was wounded.

4. As the applicant was wounded in two different actions on the same day, he is entitled to two awards of the Purple Heart and his DD Form 214 should be amended to show these awards.

5. The applicant met the eligibility criteria for award of the CIB and his DA Form 20 shows he was awarded the CIB. His DD Form 214 should be amended to show this award.

6. The applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 12 April 1967 - 28 March 1969. He should be awarded this award and his DD Form 214 amended to show this award.

7. The applicant was assigned to three different units during a period of time those units were awarded the Valorous Unit Award (one unit), the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation (all three units), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (one unit). His DD Form 214 should be amended to show these unit awards.

8. The applicant met the eligibility criteria to wear three bronze service stars on the Vietnam Service Medal. His DD Form 214 should be amended to reflect this fact.

9. 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 by:

a. awarding the applicant two Purple Hearts for wounds received in two separate actions on 7 May 1968; and

b. awarding him the Army Good Conduct Medal for the period 12 April 1967 - 28 March 1968.

2. That the applicant's DD Form 214 be amended to show he was awarded the Bronze Star Medal with "V" Device; the Combat Infantryman Badge; two awards of the Purple Heart; the Army Good Conduct Medal; one award of the Valorous Unit Award; three awards of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear three bronze service stars with the Vietnam Service Medal.

BOARD VOTE:

__RWA__ __KYF___ __BPI__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Roger W. Able__
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002072741
SUFFIX
RECON
DATE BOARDED	2002/12/12
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	110.04
2.
3.
4.
5.
6.