PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 November 2002
         DOCKET NUMBER: AR2002078055


         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
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. Eric N. Anderson		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, that his DD Form 214, Report of Transfer or Discharge, be corrected to show award of the Purple Heart.

3. The applicant states, in effect, that he was wounded in the right leg, just above the knee, while serving in Vietnam. He adds that, over the years, he wanted to forget about the Vietnam War; but now, he is requesting this medal. Since 911, he has thought about this medal and would like to have it.

4. The applicant submitted a copy of his DD Form 214, to support his contention.

5. The applicant’s military records show that he was inducted into the Army of the United States on 31 August 1967. On 6 September 1967, he enlisted for training and assignment in military occupational specialty (MOS) 72B Communications Center Specialist. He received his basic combat training at Fort Polk, Louisiana, and his advanced individual training at Fort Gordon, Georgia. Upon completion of all required military training, he was awarded MOS 72B.

6. Following his training, he was assigned to the Republic of Vietnam (RVN). On 6 April 1968, he arrived in Vietnam and was assigned to A Company,
53^rd Signal Battalion.

7. He served in Vietnam until 4 April 1969 when he completed his tour of duty in the RVN. He was reassigned to Redstone Arsenal, Alabama, to complete his active duty service obligation.

8. On 5 September 1970, the applicant was honorably released from active duty at the expiration of his term of service and was transferred to the US Army Reserve Control Group (Reinforcement) in the rank and pay grade of Specialist Four, E-4. On the date of his release from active duty, the applicant had 3 years, and 6 days active Federal service. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, shows he was awarded the following: the "National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal w/ 60 device; 2 O/S Bars; Expert (M-14); MM (M-16)." Block 24 of the DD Form 214 does not include the Purple Heart among the listed awards and decorations.

9. There was no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, to indicate that he was wounded in action.

10. Item 41 (Awards and Decorations), on his DA Form 20, is also void of an entry showing entitlement to the Purple Heart.

11. There were no orders in the applicant's service personnel records awarding him the Purple Heart.

12. The applicant's name does not appear on the Vietnam Casualty List.

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.

14. The above regulation, 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.

15. This same regulation, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B. It further states that the authorized bronze service stars will be worn, in this case, on the Vietnam Service Medal.

16. The evidence of record shows that the applicant participated in the following four campaigns during his tour of duty in the Republic of Vietnam: the Vietnam Counteroffensive, Phase IV, which extended from 2 April 1968 through 30 June 1968; Vietnam Counteroffensive, Phase V, which extended from 1 July 1968 through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; and the Tet 69 Counteroffensive, 1969, which extended from 23 February 1969 through 8 June 1969.

17. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the unit to which the applicant was assigned during his tour of duty in the RVN, A Company, 53^rd Signal Battalion, was cited for award of the Meritorious Unit Commendation, for the period from 1 July 1968 through
31 December 1969 by Department of the Army General Order 48, dated 1971. The applicant's unit also received the Republic of Vietnam Gallantry Cross with Palm, Unit Citation. This award was announced in Department of the Army General Orders Number 8, dated 1974.

18. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

19. Army Regulation 635-5 prescribes policies and procedures regarding separation documents. Paragraph 2-4 provides specific instruction on the completing of the DD Form 214, and paragraph 2-4h(13) applies to the completion of block 24 of the DD Form 214. This paragraph specifies that awards and decorations for all periods of service will be listed in priority order as specified in Army Regulation 600-8-22. Each entry will be verified by the soldier's records and abbreviations are not to be used.

20. The above regulation, in paragraph 2-4h(21) specifies that a soldier's signature indicates that he has reviewed the form and accepts the information as being correct to the best of their knowledge.

CONCLUSIONS:

1. To be awarded the Purple Heart, the applicant would have to show that he was wounded and that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. The Vietnam Casualty List did not show that the applicant was wounded while serving in the Republic of Vietnam. The applicant is not entitled to award of the Purple Heart, and is therefore not entitled to have it shown on his DD Form 214. The Board noted that the applicant signed his DD Form 214 on his release from active duty date attesting to the accuracy of the information recorded thereon.

2. The evidence of record shows that the applicant participated in four campaigns during his tour of duty in the Republic of Vietnam. The applicant is therefore entitled to be awarded four bronze service stars to be worn on his already awarded Vietnam Service Medal.

3. The applicant served in a unit during his tour of duty in the RVN that was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He is therefore entitled to have his
DD Forms 214 amended to add these unit awards.

4. The applicant qualified expert with the M-14 Rifle and marksman with the M-16 Automatic Rifle. Awards showing these qualifications are already shown on his DD Form 214; however, they are not entered in compliance with regulatory guidance. These entries should therefore be corrected.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by


         a. deleting the following from block 24, DD Form 214: "National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal w/60 device;
2 O/S Bars; Expert (M-14); MM (M-16)."

         b. by awarding the applicant the Meritorious Unit Commendation, the Vietnam Gallantry Cross with Palm Unit Citation, and 4 bronze service stars to be worn on his already awarded Vietnam Service Medal,

c. by amending the applicant's DD Form 214, block 24, to read as follows: "National Defense Service Medal; Vietnam Service Medal with 4 bronze service stars; Republic of Vietnam Campaign Medal with 60 Device; Meritorious Unit Commendation; Republic of Vietnam Gallantry Cross with Palm, Unit Citation;
2 Overseas Service Bars; Expert Marksmanship Qualification Badge with Rifle Bar; Marksman Marksmanship Qualification Badge with Automatic Rifle Bar."

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

BOARD VOTE:

__mhm___ __ena___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Melvin H. Meyer
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078055
SUFFIX
RECON
DATE BOARDED	20021105
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.