PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 September 2002
         DOCKET NUMBER: AR2002075040


         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. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. William D. Barr		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, that his Report of Transfer or Discharge, DD Form 214, be corrected to show he was awarded the Purple Heart and to correct his date of entry on active duty. He also mentions that he was awarded the Bronze Star Medal in September 1968.

3. The applicant states that he was wounded in Vietnam and has a certificate awarding him the Purple Heart. His DD Form 214 shows that the date of his entry on active duty and the date of his release are the same. He provides his DD Form 214, his Purple Heart certificate, a statement from his unit's medic, and names of former comrades as supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 19 July 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He completed basic airborne training.

5. The applicant arrived in Vietnam and was assigned to Company D, 3d Battalion (Airborne), 187^th Infantry on 4 December 1967. The provided Purple Heart certificate (partially illegible) shows he was wounded in action on 11 August 1968. His Enlisted Qualification Record, DA Form 20, item 40, Wounds, does not show that he was wounded.

6. The applicant provides a statement from an individual who states he was the platoon medic and senior medic with Company D, 3d Battalion, 187th Infantry, 101st Airborne Division. The individual states he treated the applicant on or about 11 August 1968 for a flesh wound to the right shoulder caused by shrapnel from a mortar round. He cleaned and dressed the wound. In the morning, the applicant returned to duty.

7. The applicant departed Vietnam on 23 November 1968 after being credited with five campaigns.

8. General Orders 10520, Headquarters, 101^st Airborne Division dated 30 November 1968 awarded the applicant the Air Medal. General Orders 2126, Headquarters, 101^st Airborne Division dated 10 March 1969 awarded him the Air Medal 1^st oak leaf cluster.

9. The applicant was released from active duty on 18 July 1969 after completing 3 years of creditable active service with no lost time. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal

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with two bronze service stars, the Vietnam Campaign Medal with device 1960,
the Sharpshooter Badges (M-14 and M-16), two overseas bars, the Army Commendation Medal, the Combat Infantryman Badge, and the Parachutist Badge. His DA Form 20 shows that his conduct and efficiency were rated as excellent throughout his enlistment.

10. On 6 March 1970, the applicant’s DD Form 214 was amended to correct his date of entry to 19 July 1966. The Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, DD Form 215, also amended his social security number. His last four digits are 4975 and that entry on his DD Form 214 was partially illegible. However, the DD Form 215 erroneously corrected the last four digits to read 5975.

11. On 26 January 1996, the applicant’s DD Form 214 was again corrected. That DD Form 215 corrected his social security number, corrected his date of entry again to 19 July 1966, and added the Purple Heart.

12. 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. It also authorizes the wear of one bronze service star on the appropriate service medal for each credited campaign or one silver service star in lieu of five bronze service stars.

13. Army Regulation 672-5-1, in effect at the time, 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.

14. Department of the Army Pamphlet 672-3 shows that the 3d Battalion, 187^th Infantry was awarded the Presidential Unit Citation for the period 13 June through 23 September 1968, the Valorous Unit Award for the period 16 through 22 March 1968, the Meritorious Unit Commendation for the period 14 March through 3 October 1968, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969, and the Republic of Vietnam Civil Actions Honor, First Class, Unit Citation for the period 3 October 1968 through 2 May 1970.

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15. Records at the U. S. Total Army Personnel Command and the historical files of the 187th Infantry Brigade and the 3d Brigade, 101st Airborne at the National Archives in College Park, MD were reviewed and failed to reveal Purple Heart or Bronze Star Medal orders on the applicant.

CONCLUSIONS:

1. Although a search of unit historical files failed to discover Purple Heart orders on the applicant, his DD Form 214 was amended on 26 January 1996 to add the Purple Heart. It appears that there is sufficient evidence to justify that correction.

2. A search of unit historical files failed to discover Bronze Star Medal orders on the applicant and there is otherwise insufficient evidence to show he was awarded this decoration.

3. The evidence of record shows that the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 19 July 1966 through 18 July 1969. The evidence of record shows he is eligible to wear one silver service star on the Vietnam Service Medal.

4. The evidence of record shows the applicant was awarded two awards of the Air Medal. He was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor, First Class, Unit Citation and so is eligible to wear these unit awards.

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

RECOMMENDATION:

1. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal, two awards of the Air Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor, First Class, Unit Citation and to show he is eligible to wear one silver service star on the Vietnam Service Medal.

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

BOARD VOTE:

__FNE __ __ BJE _ __WDB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075040
SUFFIX
RECON
DATE BOARDED	2002/09/10
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL RELIEF
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	100.00
3.	110.04
4.
5.
6.