PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 June 2002
         DOCKET NUMBER: AR2002073181


         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. John N. Slone		Chairperson
Mr. Elzey J. Arledge		Member
Mr. Thomas Lanyi		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, in effect, two additional awards of the Purple Heart and one additional award of the Silver Star.

3. The applicant submits five applications. He states, in effect, that he was wounded on four separate occasions in Vietnam, two of which occurred on
11 February 1970. He contends that he was awarded the Purple Heart for wounds sustained on 11 February 1970 and on 27 April 1970. However, he did not receive the Purple Heart for his second injury on 11 February 1970 or for his injuries received as a result of hostile action on 15 May 1970. He also contends that he received the citation and general orders for his second award of the Silver Star after leaving the service and it is not listed on his discharge document. In support of his application, he submits a letter, dated 15 April 2002, from the Military Awards Branch of U.S. Total Army Personnel Command; a DD Form 215 (Correction to DD Form 214); a letter of explanation, dated 22 March 2002; a DD Form 214; numerous copies of DD Forms 149 (Application for Correction of Military Records) dated 9 November 2001; service personnel records; a Letter of Transmittal, dated 11 June 1970; DD Forms 1380 (U.S. Field Medical Card); DD Forms 1156 (Casualty Feeder Report); letters from Members of Congress; orders for the Air Medal, Bronze Star Medal, Army Commendation Medal and two Purple Hearts (wounds sustained on 11 February 1970 and on 27 April 1970).

4. The applicant’s military records show that he was commissioned as a second lieutenant in the Regular Army and entered active duty on 3 August 1967. He served as a Senior Advisor and parachutist in Vietnam from 11 December 1968 through 9 July 1970 and was released from active duty on 16 July 1970 in the rank of captain.

5. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award. His DD Form 214 shows one award of the Silver Star.

6. A DD Form 215 (Correction to DD Form 214) was issued on 5 March 2002 amending the applicant’s DD Form 214 to show award of the Purple Heart with First Oak Leaf Cluster.

7. United States Military Assistance Command, Vietnam, General Orders Number 3787, dated 15 July 1970, show the applicant was awarded the Purple Heart for wounds received in action on 27 April 1970.

8. United States Military Assistance Command, Vietnam, General Orders Number 3889, dated 18 July 1970, show the applicant was awarded the Purple Heart for wounds received in action on 11 February 1970.




9. The applicant provided a Letter of Transmittal submitted for award of the Purple Heart, dated 25 May 1970, which indicates that he was wounded as a result of hostile action at approximately 0130 on 11 February 1970. The letter also states that the applicant was treated by the Battalion surgeon of the 2nd Battalion, 504th Infantry and that he did not require evacuation.

10. The applicant also provided DA Form 1156 (Casualty Feeder Report), dated 11 February 1970. This report shows that the applicant was lightly wounded or injured in action at 0300 on 11 February 1970 and that he was evacuated to the aid station.

11. The applicant provided a Letter of Transmittal submitted for award of the Purple Heart, dated 11 June 1970, which indicates that he was wounded as a result of hostile action on 15 May 1970.

12. United States Military Assistance Command, Vietnam General Orders Number 2722, dated 9 May 1970, show the applicant was awarded the Silver Star for gallantry in action on 11 February 1970 in Vietnam.

13. United States Military Assistance Command, Vietnam General Orders Number 4496, dated 24 August 1970, show the applicant was awarded the Silver Star for gallantry from 13 to 15 May 1970 in Vietnam.

14. The applicant’s DD Form 214 shows the Bronze Star Medal with Second Oak Leaf Cluster as an authorized award. However, his records contain orders for award of the Bronze Star Medal for meritorious service during the period
1 January 1969 to 31 August 1969; orders for award of the Bronze Star Medal for meritorious service during the period January 1970 to June 1970; and orders for the Bronze Star Medal with “V” Device for heroism on 21 and 22 April 1970 in Vietnam.

15. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, his records show that he participated in seven campaigns during his assignment in Vietnam.

16. 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 43, dated 1970. This award is not shown on his discharge document.





17. 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 48, dated 1971. This award is not shown on his discharge document.

18. 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.

19. Army Regulation 600-8-22 also states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Purple Heart and the Silver Star.

20. Army Regulation 600-8-22 also states, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

21. 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. A silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1. The applicant’s DD Form 215 shows entitlement to two awards of the Purple Heart. However, evidence of record shows the applicant was wounded as a result of hostile action on four separate occasions in Vietnam.

2. Evidence of record shows the applicant was wounded as a result of hostile action at approximately 0130 on 11 February 1970, that he received medical treatment for his injury and that he was not evacuated.

3. Medical evidence of record shows that the applicant was wounded a second time on 11 February 1970 at 0300 as a result of hostile action and that he was evacuated to the aid station for further treatment.

4. Evidence of record also shows the applicant was wounded in action on
27 April 1970 and on 15 May 1970. Therefore, the Board determined that there




was sufficient evidence on which to base four awards of the Purple Heart in this case.

5. The applicant’s DD Form 214 shows one award of the Silver Star. However, evidence of record shows the applicant received two awards of the Silver Star. Therefore, the applicant is entitled to award of the Silver Star with First Oak Leaf Cluster and correction of his military records to show these awards.

6. The applicant’s DD Form 214 shows the Bronze Star Medal with Second Oak Leaf Cluster. However, evidence of record shows that one award of the Bronze Star Medal was for valor. Therefore, the applicant is entitled to correction of his military records to show award of the Bronze Star Medal with Second Oak Leaf Cluster with “V” Device.

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 seven campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star and 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 one silver service star and two bronze service stars and correction of his DD Form 214 to show these awards.

8. 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 military records to show these unit citations.

9. 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 by showing that the individual concerned was awarded the Purple Heart with Third Oak Leaf Cluster, the Silver Star with First Oak Leaf Cluster, the Bronze Star Medal with Second Oak Leaf Cluster with “V” Device, the Vietnam Service
Medal with one silver service star and 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.

BOARD VOTE:

JNS____ EJA____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone___________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073181
SUFFIX
RECON
DATE BOARDED	20020625
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0007
3.	107.0000
4.
5.
6.