PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 February 2003
         DOCKET NUMBER: AR2002078123


         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. Fred N. Eichorn		Chairperson
Mr. James E. Anderholm		Member
Ms. Eloise C. Prendergast		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 correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 11 July 1969 to show his dates of service in Vietnam. He also requests, in effect, that this DD Form 214 be corrected to show three awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster), the Silver Star, the Army Commendation Medal with “V” Device, the Vietnam Service Medal with the appropriate number of bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He further requests that his DD Form 214 be corrected to show all awards and decorations to which he is entitled.

3. The applicant did not provide a statement with his application. He did point out that he entered the Army under a different last name. In support of his application, he submits orders for the Purple Heart (Third Award); orders for the Purple Heart (First Oak Leaf Cluster); orders for the Army Commendation Medal with “V” Device; and orders for the Silver Star.

4. The applicant’s military records show that he was ordered to active duty for training on 26 January 1965. On 5 June 1965, the applicant was honorably released from active duty and returned to the Army Reserve to complete his remaining service obligation. On 12 July 1965, the applicant enlisted in the Regular Army for a period of 4 years. He served as a light weapons infantryman in Vietnam and was honorably released from active duty on 11 July 1969 and transferred to the Army Reserve.

5. The applicant’s DD Form 214 with an effective date of 11 July 1969 does not show his dates of service in Vietnam. This DD Form 214 does not show the Purple Heart with Second Oak Leaf Cluster, the Silver Star, the Army Commendation Medal with “V” Device or the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.

6. The applicant’s DD Form 214 with an effective date of 11 July 1969 does show the Vietnam Service Medal as an authorized award.

7. The available records do not contain the applicant’s DA Form 20 (Enlisted Qualification Record) or his inclusive dates of service in Vietnam. Therefore, this portion of the applicant’s request to show his dates of service in Vietnam will not be discussed further in these Proceedings.

8. The applicant’s DD Form 214 with an effective date of 11 July 1969 shows one award of the Purple Heart as an authorized award. There are no orders for the Purple Heart in the available records. However, the applicant provided a copy of 4th Infantry Division General Orders Number 3695, dated 28 October 1967, which show he received the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 7 May 1967. The applicant also provided a copy of 67th Evacuation Hospital General Orders Number 260, dated 15 October 1967, which show the applicant received the Purple Heart (Third Award) for wounds received in action on 14 October 1967 in Vietnam.

9. The Vietnam Casualty Roster shows the applicant was wounded as a result of hostile action on 9 April 1967, 7 May 1967, and 14 October 1967.

10. The applicant provided a copy of 4th Infantry Division General Orders Number 4623, dated 27 December 1967, which show he received the Silver Star for gallantry in action on 14 October 1967 in Vietnam.

11. The applicant provided a copy of 4th Infantry Division General Orders Number 3436, dated 18 October 1967, which show he received the Army Commendation Medal with “V” Device for heroism on 13 June 1967 in Vietnam.

12. The Board noted the applicant’s inclusive dates of service in Vietnam are not contained in the available records. However, the available records do show that the applicant served in Vietnam from 9 April 1967 to 14 October 1967 and participated in at least two campaigns during this time.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant’s unit 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.

15. Review of the available records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

16. Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

17. 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 applicant’s DD Form 214 with an effective date of 11 July 1969 shows one award of the Purple Heart.
2. The Vietnam Casualty Roster shows the applicant was wounded three times as a result of hostile action. The applicant provided orders for the Purple Heart (Third Award). Therefore, the applicant’s DD Form 214 with an effective date of 11 July 1969 should be corrected to show award of the Purple Heart with Second Oak Leaf Cluster.

3. Evidence of record shows the applicant received the Silver Star and the Army Commendation Medal with “V” Device. Therefore, his DD Form 214 with an effective date of 11 July 1969 should be corrected to show these awards.

4. The Board considered the applicant’s request that his Vietnam Service Medal be corrected to show the appropriate number of bronze service stars. In the absence of evidence of record showing the applicant’s inclusive dates of service in Vietnam, the Board is unable to determine the actual number of campaigns the applicant participated in during his assignment in Vietnam. However, the available records do show that the applicant served in Vietnam from 9 April 1967 to 14 October 1967 and, as a result, participated in at least two campaigns. Therefore, the Board determined that there is sufficient evidence on which to award two bronze service stars to be affixed to the applicant’s Vietnam Service Medal.

5. The applicant’s unit received 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’s DD Form 214 with an effective date of 11 July 1969 should be corrected to show these unit citations.

6. 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 Purple Heart with Second Oak Leaf Cluster, the Silver Star, the Army Commendation Medal with “V” Device, the Vietnam Service Medal with two 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 11 July 1969.






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

BOARD VOTE:

FNE____ JEA_____ ECP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078123
SUFFIX
RECON
DATE BOARDED	20030206
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0000
3.
4.
5.
6.