PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 November 2002
         DOCKET NUMBER: AR2002074958


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Thomas B. Redfern, III		Member
Mr. Donald P. Hupman, Jr.		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 that the Purple Heart be added to his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214.

3. The applicant states that he provides three letters from comrades with whom he served (one of whom was his platoon sergeant) substantiating he was wounded.

4. The applicant’s military records show that he was inducted into the Army on 8 April 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant arrived in Vietnam and was assigned to Company B, 2d Battalion, 12th Infantry, 25th Infantry Division on 11 September 1968.

6. The applicant provides a 20 March 2002 letter from a member of his squad who states that, on or about 16 October 1968, the applicant and ten other soldiers, himself one of them, were on an ambush patrol. They came under mortar attack and sustained heavy casualties. Eleven soldiers were on patrol and only one did not receive wounds. He states the applicant was wounded in the posterior area.

7. The applicant provides an 8 May 2002 letter from his former squad leader. His former squad leader states that, as best he can remember, his squad was on a night patrol and received mortar fire and all but one soldier were injured in the incident. He remembers that the applicant and most of the others who received minor wounds refused a Purple Heart at the time.

8. The applicant provides a 9 May 2002 letter from his former platoon sergeant. His former platoon sergeant states that shortly after the applicant arrived, his squad came under heavy mortar and rocket fire as it was preparing for a night ambush. The applicant was wounded during that attack.

9. On 17 December 1968, the applicant requested reassignment to the 25th Aviation Battalion, 25th Infantry Division. In his request, he noted that he had received one Purple Heart for wounds received in combat operations.

10. The applicant was assigned to Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division on 12 February 1969. He departed Vietnam on 25 August 1969 after receiving credit for four campaigns and was reassigned to Fort Riley, KS.

11. The applicant completed a separation physical on 17 December 1969. He did not indicate on his Report of Medical History, SF 89, that he had been wounded. No identifying body marks or scars were noted on his Report of Medical Examination, SF 88. No other medical records are available.

12. The applicant was released from active duty on 19 January 1970 after completing 1 year, 9 months, and 12 days of creditable active service with no lost time. His Enlisted Qualification Record, DA Form 20 (which he last reviewed on 3 October 1969), item 40 (Wounds) does not indicate that he received wounds. Item 38 shows that his conduct and efficiency had been rated as excellent throughout his service. Item 41 (Awards and Decorations) did not list the Purple Heart.

13. The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, two overseas bars, the Sharpshooter Qualification Badge Rifle M-16, the Vietnam Campaign Medal with device 1960, the Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He signed the DD Form 214.

14. Army Regulation 600-8-22 is the current regulation that provides policy and criteria concerning individual military decorations. It provides for award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record.

15. Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign. The regulation states that award of the Republic of Vietnam Civil Actions Medal, First Class Unit Citation is accompanied with oak leaf clusters.

16. Army Regulation 672-5-1 was the regulation in effect at the time which provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

17. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Roster shows that the 2d Battalion, 12th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 - 30 September 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 August 1967 - 21 January 1970. Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 - 30 September 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 31 March 1966 - 21 January 1970.

18. Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

19. A review of the Vietnam Casualty Roster failed to identify the applicant as having been wounded.

20. The historical files of Company B, 2d Battalion, 12th Infantry, 25th Infantry Division were reviewed at the National Archives in College Park, MD. The review failed to identify the applicant as being eligible for award of the Purple Heart. The Daily Staff Journal or Duty Officer's Log, DA Form 1594, prepared by the S2/S3 Section, Headquarters and Headquarters Company, 2d Brigade, 25th Infantry Division confirmed that the 2d Battalion, 12th Infantry came under mortar fire at Fire Support Base Pershing on or about 7:30 p.m. on 16 October 1968. It confirmed that Company B had eleven wounded in action -- two requiring a litter and nine ambulatory. The wounded in action were not named.

CONCLUSIONS:

1. The Board has carefully considered the supporting statements provided by the applicant but determined that they are insufficient evidence to verify he was wounded in action.

2. The applicant indicated in a 17 December 1968 request for reassignment that he had received one Purple Heart for wounds received in combat operations. However, he reviewed his DA Form 20 in October 1969 and item 40 did not show that he was wounded nor did item 41 show he was awarded the Purple Heart. When he completed his separation physical in December 1969, he did not indicate that he had been wounded. He signed his DD Form 214 in January 1970 and it did not show he was awarded the Purple Heart.

3. The applicant is not listed on the Vietnam Casualty Roster. A review of his unit's historical files failed to identify him as being eligible for award of the Purple Heart. Although the unit's Daily Staff Journal or Duty Officer's Log confirmed that the 2d Battalion, 12th Infantry came under mortar fire at Fire Support Base Pershing on or about 7:30 p.m. on 16 October 1968 and that Company B had eleven wounded in action, the wounded were not named.

4. The applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 8 April 1968 - 19 January 1970.
5. The applicant met the eligibility criteria to wear four bronze service stars on the Vietnam Service Medal.

6. The applicant was assigned to units during a period of time those units were awarded one Republic of Vietnam Gallantry Cross with Palm Unit Citation and one Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, each, and so is eligible to wear these unit awards, also. Although he may only wear one Republic of Vietnam Gallantry Cross with Palm Unit Citation, both awards should be reflected on his DD Form 214.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 8 April 1968 - 19 January 1970.

2. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal and two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, to show he was awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show he is authorized to wear four bronze service stars on the Vietnam Service Medal.

3. 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, Jr. _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074958
SUFFIX
RECON
DATE BOARDED	2002/11/07
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	Partial grant
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.