PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002074135


         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. Raymond V. O’Connor		Chairperson
Ms. Karen A. Heinz		Member
Ms. Barbara J. Ellis		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 a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

3. The applicant states, in effect, that on 27 January 1972, the final cease-fire of the Vietnam war, he wounded his right hand during “hand-in-hand combat” with a North Vietnamese soldier. He contends that he had to stay out in the “CP” for several days after his wounding, that he had lost movement in three fingers of his right hand, and when he finally got back to Saigon he had his hand checked by a doctor. He goes on to state that he was told he had two choices, get evacuated immediately to the Philippines for an operation or, since all combat advisers had to be out of country in two weeks, fly back to the states for medical treatment at Walter Reed. He states that he chose the latter and subsequently had two hand operations over the next year at Walter Reed. In support of his application, he submits an undated letter of explanation and a copy of his DD Form 214 (Report of Separation from Active Duty).

4. The applicant’s military records show that he was ordered to active duty for training on 2 June 1964 for a period of 2 years. He was appointed a cadet on
1 July 1965 and released from active duty on 1 June 1966 to the U.S. Army Reserve to complete his remaining service obligation. The applicant graduated from West Point, New York, on 3 June 1969 and was commissioned a second lieutenant on 4 June 1969 in the Regular Army. He served as a senior advisor in Vietnam from 13 March 1972 through 8 February 1973 and was released from active duty on 1 July 1974.

5. The applicant’s DD Form 214 with an effective date of 1 July 1974, which was authenticated in his own hand, does not show the Purple Heart with First Oak Leaf Cluster as an authorized award. His DD Form 214 does show one award of the Purple Heart.

6. The applicant’s service personnel records contain Headquarters, United States Army Vietnam/MACV [Military Assistance Command, Vietnam] Support Command General Orders Number 2397, dated 13 October 1972, which show he was awarded the Purple Heart for wounds sustained on 26 August 1972.

7. The applicant’s name appears once on the Vietnam Casualty Roster for wounds sustained on 26 August 1972.

8. Item 21 (Awards and Decorations) on the applicant’s DA Form 66 (Officer Qualification Record) shows one award of the Purple Heart.

9. There is no evidence in the applicant’s records that show he was injured or wounded a second time as a result of hostile action in Vietnam.


10. The applicant’s DD Form 214 shows the Bronze Star Medal with First Oak Leaf Cluster as an authorized award. However, his records contain United States Military Assistance Command, Vietnam, General Orders Number 113, dated 19 September 1972, which show the applicant was awarded the Bronze Star Medal with “V” Device for heroism on 12 July 1972 in Vietnam. Also, his records contain United States Military Assistance Command, Vietnam, General Orders Number 132, dated 1 February 1973, which show he was awarded the Bronze Star Medal with First Oak Leaf Cluster for meritorious achievement during the period March 1972 to February 1973 in Vietnam.

11. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in two campaigns during his assignment in Vietnam.

12. 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 8, dated 1974. This award is not shown on his discharge document.

13. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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

15. 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. The Board considered the applicant’s contention that on approximately
27 January 1972 he wounded his right hand during “hand-in-hand combat” with a North Vietnamese soldier. However, his service personnel records show that he arrived in Vietnam on 13 March 1972.


2. Evidence of record shows the applicant was wounded on 26 August 1972 as a result of hostile action in Vietnam and awarded the Purple Heart.

3. Evidence of record also shows the applicant signed his DD Form 214 on
1 July 1974 attesting to the fact he was entitled to one award of the Purple Heart.

4. The preponderance of evidence in this case shows the applicant was wounded once, not twice. Therefore, the Board determined that there is insufficient evidence on which to base a second award of the Purple Heart in this case.

5. The applicant’s DD Form 214 shows the Bronze Star Medal with First Oak Leaf Cluster as an authorized award. However, evidence of record shows the applicant received the Bronze Star Medal with “V” Device for heroism on 12 July 1972 and an award of the Bronze Star Medal for meritorious achievement during the period March 1972 to February 1973. Therefore, the applicant’s DD Form 214 should be corrected to show award of the Bronze Star Medal with First Oak Leaf Cluster with “V” Device.

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

7. The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

8. 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 that the individual concerned was awarded the Bronze Star Medal with First Oak Leaf Cluster with “V” Device, the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




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

BOARD VOTE:

RVO____ KAH___ BJE_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074135
SUFFIX
RECON
DATE BOARDED	20021024
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.