PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 October 2002
         DOCKET NUMBER: AR2002073718


         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
Ms. Margaret K. Patterson		Member
Mr. Arthur A. Omartian		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 award of the Bronze Star Medal with "V" Device, the Purple Heart, and the Army Commendation Medal and appropriate orders and award certificates.

3. The applicant states that he received a copy of his DD Form 214 which does not indicate that he earned a Purple Heart and a Bronze Star Medal with "V" Device for service during combat in Vietnam in March 1970. He claims that he was told by a lieutenant that he would receive a Bronze Star Medal and a Purple Heart. He states that the Department of the Army released an article to his local paper which would verify authorization for the award.

4. The applicant submits a supplemental letter, a copy of his DD Form 214, a newspaper article, and a DA Form 1577 (Authorization for Issuance of Awards) in support of his application.

5. The applicant’s military records show that he was inducted in the Army on 23 October 1968. He successfully completed basic and advanced individual training and served in Vietnam from 6 May 1969 through 8 April 1970. The applicant was honorably released from active duty on 22 October 1970 in the rank of specialist four.

6. The applicant's DD Form 214 does not show the Bronze Star Medal with "V" Device, the Purple Heart or the Army Commendation Medal as authorized awards.

7. The applicant provided a copy of a DA Form 1577 prepared by the National Personnel Records Center and dated 21 February 2002. This document shows that the applicant was entitled to the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Ribbon with Device (1960). Award of the Bronze Star Medal is not shown on the applicant's DD Form 214.

8. The applicant's personnel records contain Headquarters, Americal Division General Orders Number 3349, dated 2 April 1970, which awarded him the Bronze Star Medal for meritorious service during the period May 1969 through May 1970. There are no orders which show he was awarded the Bronze Star Medal with "V" Device.

9. An excerpt from a newspaper article submitted by the applicant cited that, "He was also awarded the Purple Heart for wounds received in action."

10. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. 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). There is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. The applicant's name is not listed on the Vietnam Casualty Roster.

11. The applicant’s service personnel records contain a Report of Medical History and a Report of Medical Examination prepared on 28 September 1970 just prior to his separation from the Army. Neither of these documents make reference to wounds sustained in combat or show wounds or injuries consistent with those received as a result of hostile action.

12. There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal. There also is no evidence in his records that he was recommended for award of the Army Commendation Medal. His DA Form 20 (Enlisted Qualification Record) does not list the Army Commendation Medal in item 41 (Awards and Decorations).

13. The Board noted that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award which are not shown on his DD Form 214.

14. 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 the 1st Battalion, 46th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 42, dated 1972.

15. Department of the Army Pamphlet 672-3 also shows that the applicant's unit, the 1st Battalion, 46th Infantry, was cited for award of the Valorous Unit Award for actions during the period 11 to 31 August 1969 by Department of the Army General Orders Number 43, dated 1972.

16. Army Regulation 600-8-22 (Military Awards) 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.

17. Army Regulation 600-8-22 also states that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

18. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Bronze Star Medal with "V" Device. However, there is no evidence, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal with "V" Device. Therefore, there is insufficient evidence upon which to base award of the Bronze Star Medal with "V" Device in this case.

2. Orders show the applicant was awarded the Bronze Star Medal for meritorious service during the period May 1969 through May 1970. Therefore, he is entitled to correction of his records to show award of the Bronze Star Medal.

3. The Board considered the applicant's request for award of the Purple Heart. The Board noted the newspaper article which stated the applicant was awarded the Purple Heart. However, this article by itself is not sufficient as a basis for award of the Purple Heart particularly when there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Therefore, the Board determined there was insufficient evidence upon which to base award of the Purple Heart in this case.

4. There is no evidence of record which shows the applicant was awarded or recommended for the Army Commendation Medal. Therefore, there is no basis for granting award of the Army Commendation Medal in this case.

5. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award. Therefore, he is entitled to correction of his records to show these unit awards.

6. 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 the individual concerned was awarded the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award.

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

BOARD VOTE:

RVO____ MKP_____ AAO____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor__________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073718
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021001
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.	107.0015
2.	107.0014
3.
4.
5.
6.