PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 November 2002
         DOCKET NUMBER: AR2002073646


         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. Raymond V. O'Connor		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Donald P. Hupman		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 records to show award of the Purple Heart, the Air Medal, and two awards of the Bronze Star Medal, one for service and one for valor (correctly known as the Bronze Star Medal with "V" Device).

3. The applicant's request for award of the Bronze Star Medal with "V" Device falls under the purview of Title 10, United States Code, Section 1130. He has been advised by separate correspondence on the procedures to submit a request for award of the Bronze Star Medal with "V" Device under this provision of law. Therefore, this portion of his request is not discussed further in these proceedings.

4. The applicant states the awards were recommended by his company commander from July through October 1967. In support of his application, he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), two letters from his former company commander and a letter from his former company First Sergeant.

5. The applicant’s military records show that he enlisted in the Regular Army on 13 January 1967 for a period of two years. He completed infantry training and served in Vietnam from 6 July 1967 through 6 July 1968. The applicant completed his term of service and was honorably released from active duty on 20 December 1968.

6. The applicant's DD Form 214, does not show the Purple Heart, the Air Medal, or the Bronze Star Medal as authorized awards.

7. 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.

8. The applicant provided a statement from the former company commander of Company D, 2nd Battalion, 28th Infantry, 1st Infantry Division in Vietnam. In essence, his former company commander stated that the applicant was wounded on 9 October 1967 by "an enemy hand grenade, mortar, directional "Claymore" mine, or rocket propelled grenade." The company commander stated that the shrapnel hit the applicant's right arm; his wounds were treated; and he refused to leave the field. He further stated that he wrote and forwarded the recommendation for award of the Purple Heart for the applicant and the others wounded that day.

9. The applicant also provided a statement from his former company First Sergeant (1SG) in Vietnam. In essence, the 1SG stated that the applicant was wounded in his right arm by shrapnel on 9 October 1967 and he had a medic attend to his wounds.

10. There are no orders which show the applicant was awarded the Air Medal. There also is no evidence in his records that he was recommended for award of the Air Medal. His DA Form 20 does not list the Air Medal in item 41.

11. In his statement, the applicant's former company commander indicated that he wrote a recommendation for the applicant and other "Delta" Company soldiers who qualified for award of the Air Medal for participation in helicopter-borne assaults and extractions from August to 8 October 1967. He also stated that the applicant was an active participant in helicopter flights over hostile areas and into landing zones occupied by the enemy.

12. There are no orders in the applicant’s service personnel records which show that he was awarded Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. His DA Form 20 does not show any entry in item 41 for award of the Bronze Star Medal.

13. The statement from the applicant's former company commander also stated that he wrote the recommendation for award of the Bronze Star Medal (First Oak Leaf Cluster) for the applicant's achievement as a member of the "Delta" Company, 2nd Battalion, 28th Infantry from July through 17 October 1967.

14. The applicant's service personnel records contain 1st Infantry Division General Orders Number 5501, dated 15 June 1968, which awarded the applicant the Army Commendation Medal for meritorious service for the period July 1967 to June 1968. This award is shown on his DD Form 214.

15. The Board noted that the applicant was eligible for award of the Good Conduct Medal, the Vietnam Service Medal with four 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 which are not shown on his DD Form 214.

16. There is no indication in the applicant's personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant's conduct and efficiency was rated as "excellent" throughout his service and there is no indication of indiscipline in his records.

17. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal with one bronze service star. Item 39 (Campaigns) on his DA Form 20 shows he received campaign credit for participation in the Vietnam Counteroffensive, Phase III.
18. Review of Appendix B of Army Regulation 600-8-22 (Military Awards) reveals that the applicant participated in the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Campaign Phase IV and the Vietnam Countersoffensive Phase V Campaign.

19. 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.

20. Department of the Army Pamphlet 672-3 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.

21. 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.

22. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

23. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award.

24. 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. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and that a bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

25. 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.

26. Army Regulation 600-8-22 provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

27. United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation shows that the award approval authority for the Air Medal and the Bronze Star Medal in Vietnam was not authorized below major generals in command of divisions and certain brigadier generals in command of separate brigades.

28. Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Purple Heart.

2. The Board noted there is no evidence in the applicant's service personnel records which shows that he was wounded or treated for wounds due to hostile action.

3. The Board noted, however, the applicant provided eyewitness statements from the officer in command and the 1SG of D Company, 2nd Battalion, 28th Infantry, at the time in question. These statements describe in detail the events on 9 October 1967 in Vietnam wherein the applicant was wounded by shrapnel from enemy weapons, treated at the scene by a unit medical aidman and refused evacuation for further treatment.

4. Based on the foregoing, the Board determined that the eyewitness statements in this case are sufficient proof that the applicant was wounded as a result of hostile action and was treated for those wounds. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained in Vietnam on 9 October 1967.

5. The Board considered the applicant's request for award of the Air Medal.

6. The Board noted the statements from the applicant's former company commander which stated that he recommended the applicant for award of the Air Medal for participation in helicopter-borne assaults during the period August through 8 October 1967.

7. However, the Board noted there is no indication in the applicant's records of a recommendation for award of the Air Medal or orders awarding him the Air Medal.

8. Notwithstanding the unit commander's statement that he submitted a recommendation for award of the Air Medal, the Board noted that the award approval authority for the Air Medal was the major general in command of the 1st Infantry Division. In the absence of evidence that the award recommendation for the Air Medal was not properly acted upon by the award approval authority, there is no basis for award of the Air Medal in this case.

9. The Board also considered the applicant's request for award of the Bronze Star Medal.

10. The Board reviewed in detail the statements from the applicant's former company commander which recommended the applicant for award of the Bronze Star Medal (First Oak Leaf Cluster) for his "service and achievement" from July to 17 October 1967.

11. The Board noted that the applicant received award of the Army Commendation Medal for meritorious service for the period July 1967 to June 1968. The Board also noted that Army regulation precludes two awards for the same period of service. Therefore, there is no basis for award of the Bronze Star Medal for service to the applicant for the period July 1967 to June 1968.

12. The applicant is entitled to the first award of the Good Conduct Medal for the period 13 January 1967 through 20 December 1968 based on completion of a period of qualifying service ending with termination of Federal military service. Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

13. The applicant's DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award. However, evidence of record shows the applicant participated in three additional campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars 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.

14. 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 Unit Citation. Therefore, he is entitled to correction of his records to show these foreign unit awards.

15. 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 Vietnam Service Medal with one bronze service star from the DD Form 214 of the individual concerned; and

b. by showing he was awarded the Purple Heart, the Good Conduct Medal, the Vietnam Service Medal with four 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:

RVO____ TBR____ DPH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073646
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021107
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.