PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 October 2002
         DOCKET NUMBER: AR2002074825


         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 J. Wagner		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		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, correction of his DD Form 214 with an effective date of 28 May 1967 to show award of the Good Conduct Medal, a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, the Meritorious Unit Commendation, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Army Commendation Medal, the Bronze Star Medal, and a second award of the Air Medal (correctly known as the Air Medal with Numeral “2”).

3. The applicant states that these awards were left off of his discharge document by his unit when he was discharged. In support of his application, he submits a copy of his DD Form 214 with an effective date of 28 May 1967; pages 2 and 4 of his DA Form 66 (Officer Qualification Record); and orders for two awards of the Purple Heart.

4. The applicant’s military records show that he enlisted on 4 September 1963 for a period of 3 years. He served as an infantry operations and intelligence specialist and was honorably discharged on 26 October 1964 to accept a commission. On 27 October 1964, the applicant was commissioned as a second lieutenant in the U.S. Army Reserve and ordered to active duty. He served as a platoon leader in Vietnam from 7 October 1965 through 22 June 1966 and was released from active duty on 28 May 1967.

5. The applicant’s DD Form 214 with an effective date of 28 May 1967 does not show the Good Conduct Medal, the Purple Heart with First Oak Leaf Cluster, the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, the Meritorious Unit Commendation, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Army Commendation Medal, the Bronze Star Medal or the Air Medal with Numeral “2” as authorized awards.

6. The applicant’s DD Form 214 with an effective date of 28 May 1967 does show one award of the Purple Heart and one award of the Air Medal as authorized awards.

7. U.S. Army Infantry School General Orders Number 37, dated 19 October 1964, show the applicant was awarded the first award of the Good Conduct Medal for the period 4 September 1963 to 26 October 1964. Item 21 (Awards and Decorations) on his DA Form 66 (Officer Qualification Record) shows entitlement to the Good Conduct Medal. This award is shown on his DD Form 214 (Report of Transfer or Discharge) with an effective date of 26 October 1964.

8. 93d Evacuation Hospital General Orders Number 154, dated 27 June 1966, show the applicant was awarded the Purple Heart for wounds received in action on 23 June 1966 in Vietnam.

9. Headquarters 1st Infantry Division General Orders Number 1349, dated
21 July 1966, show the applicant was awarded the Purple Heart for wounds received in action on 29 April 1966 in Vietnam.

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

11. The applicant’s service personnel records show that he was assigned to Company C, 2nd Battalion of the 16th Infantry Division from 7 October 1965 through 13 December 1965. His second assignment in Vietnam was with Headquarters and Headquarters Company, 2nd Battalion of the 16th Infantry from 14 December 1965 through 27 March 1966 and his last assignment was with Company A, 2nd Battalion of the 16th Infantry from 28 March 1966 through 22 June 1966.

12. 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 the units, to which the applicant was assigned, were not cited for award of the Valorous Unit Award while he was assigned to them.

13. Department of the Army Pamphlet 672-3 shows the units, to which the applicant was assigned, were not cited for award of the Meritorious Unit Commendation while he was assigned to them.

14. Department of the Army Pamphlet 672-3 shows the units, to which the applicant was assigned, were not cited for award of the Presidential Unit Citation while he was assigned to them.

15. Department of the Army Pamphlet 672-3 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 32, dated 1969.

16. 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.

17. There is no evidence in the applicant’s service personnel records which shows that he was recommended for or awarded the Army Commendation Medal. Item 21 (Awards and Decorations) on his DA Form 66 does not show entitlement to the Army Commendation Medal.

18. There is no evidence in the applicant’s service personnel records which shows that he was recommended for or awarded the Bronze Star Medal. Item 21 (Awards and Decorations) on his DA Form 66 does not show entitlement to the Bronze Star Medal.

19. Headquarters 1st Infantry Division General Orders Number 912, dated
9 June 1966, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period 13 October 1965 to 10 May 1966.

20. Item 21 (Awards and Decorations) on the applicant’s DA Form 66 shows entitlement to one award of the Air Medal.

21. There are no flight hours recorded in the applicant’s service personnel records. There also is no evidence that he met the qualifications for or was recommended for any subsequent awards of the Air Medal.

22. Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214. The regulation in effect at the time states, in pertinent part, that item 24 (Decorations and Awards) will list all decorations, service medals, campaign credits, and badges awarded or authorized. The regulation also states that the decorations and awards will be entered from item 21 (Awards and Decorations) on the DA Form 66 (Officer Qualification Record) or section 9 (Awards and Decorations) on the DA Form 20 (Enlisted Qualification Record).

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

24. 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.

25. Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

26. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

27. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

28. 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.

29. 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

30. 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. Regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.

CONCLUSIONS:

1. The applicant received the first award of the Good Conduct Medal for the period 4 September 1963 to 26 October 1964 which is shown on his DD Form 214 with an effective date of 26 October 1964. In accordance with the governing regulation in effect at the time, the applicant is also entitled to correction of his DD Form 214 with an effective date of 28 May 1967 to show award of the Good Conduct Medal.

2. The applicant’s DD Form 214 with an effective date of 28 May 1967
shows one award of the Purple Heart. Evidence of record shows the applicant was awarded the Purple Heart for wounds received in action on 29 April 1966 and on 23 June 1966 in Vietnam. Therefore, his DD Form 214 with an effective date of 28 May 1967 should be corrected to show award of the Purple Heart with First Oak Leaf Cluster.

3. The applicant’s DD Form 214 with an effective date of 28 May 1967 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 to show these awards.

4. The Board considered the applicant’s contention that he is entitled to award of the Valorous Unit Award, the Meritorious Unit Commendation and the Presidential Unit Citation. However, the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s units were not cited for award of the Valorous Unit Award, the Meritorious Unit Commendation, or the Presidential Unit Citation while he was assigned to them. Therefore, there is no basis for granting the applicant’s request.

5. The applicant’s unit was cited for 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 DD Form 214 with an effective date of 28 May 1967 to show these awards.

6. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal or the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Commendation Medal or the Bronze Star Medal in this case.

7. The Board considered the applicant’s contention that he is entitled to two awards of the Air Medal. However, evidence of record shows the applicant received one award of the Air Medal.

8. There is no evidence of record, and the applicant has provided no evidence, which shows that he received a second award of the Air Medal or that he is entitled to a second award of the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base a second award of the Air Medal in this case.

9. 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 first award of the Good Conduct Medal, the Purple Heart with First Oak Leaf Cluster, the Vietnam Service Medal with three 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 on his DD Form 214 with an effective date of 28 May 1967.

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

BOARD VOTE:

RJW____ RWA___ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond J. Wagner_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074825
SUFFIX
RECON
DATE BOARDED	20021010
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.