PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2002081323


         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. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Lana E. McGlynn		Member
Mr. William D. Powers		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Bronze Star Medal, the Purple Heart, and all other authorized awards and decorations.

3. The applicant contends that he is entitled to award of the Bronze Star Medal and the Purple Heart while assigned to Headquarters, 15th Engineer Battalion, 9th Infantry Division.

4. The available records show that the applicant entered active duty on 20 March 1963. He completed basic and advanced individual training at Fort Leonard Wood, Missouri, where he was trained as a Light Vehicle Driver in Military Occupational Specialty (MOS) 64A10, a Pioneer in MOS 12A, and a Bridge Specialist in MOS 12C. He served tours of duty in Germany and Vietnam, and was honorably separated from active duty on 3 August 1968.

5. The applicant's DD Form 214 shows entitlement to the National Defense Service Medal, the Vietnam Service Medal and 2 Overseas Service Bars.

6. The applicant's DD Form 214 does not show award of the Bronze Star Medal or the Purple Heart.

7. The applicant’s military records show that he was assigned in Vietnam to the 511th Engineer Company, 24th Engineer Battalion, from 6 January 1966 to 19 December 1966, and to Headquarters, 15th Engineer Battalion, 9th Infantry Division from 9 August 1967 to 2 August 1968.

8. The applicant has provided a copy of 9th Infantry Division General Orders 7127, dated 15 August 1968, awarding him the Bronze Star Medal with “V” Device for heroism on 18 March 1968.

9. The applicant has provided 3 pieces of evidence in support of his request for award of the Purple Heart.

a. A copy of DD Form 1380 (U.S. Field Medical Card/Fiche), indicating that the applicant was injured as a result of enemy action. The form is not dated and the signature and grade of the attending medical officer are unclear. The diagnosis and treatment, while also unclear, indicate that the applicant was treated for a wound to the left elbow, while firing his M-16 rifle. The Board noted that item 16 of the form indicates that the injury was a result of enemy action.

b. A copy of a NAVO 5216/5 (7-66), Department of The Navy Memorandum, dated 10 March 1968. The memorandum indicates the applicant was wounded as a result of enemy action on 10 March 1968. The memorandum does not indicate wounds received, nor does it show any treatment provided. The Board noted that the memorandum is signed and the title of the official signing it indicates that the signer was a U.S. Naval Hospital Corpsman (as indicated by the rating HM after his name). The Board also noted that the memorandum was addressed to the 15th Engineer Battalion, the unit to which the applicant was assigned at that time.

c. An undated photograph, with a written statement from the applicant’s sister, showing the applicant seated in the gun turret of a river boat. The Board noted that the photograph shows a bandage on the applicant’s left elbow.

10. The applicant’s name is not listed on the Vietnam Casualty Roster. There is no entry in item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record). Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart. The 9th Infantry Division General Orders, awarding the Bronze Star Medal with “V” Device do not make any mention of being wounded in the action on 18 March 1968.

11. 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.

12. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

13. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his first three years of qualifying service and there is no indication of indiscipline in his service personnel records.

14. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15. The Board noted the absence of unit awards in the applicant’s military personnel records.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War. This document shows the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period August 1965 to June 1966 and the period June 1966 to December 1966 by Department of the Army General Orders Number 17, dated 1968. The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 4 December 1966 to 10 October 1967 by Department of the Army General Orders Number 42, dated 1969.

17. Department of the Army Pamphlet 672-3 also shows that the unit to which the applicant was assigned was cited for Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 31, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

18. The applicant’s DD Form 214 and military personnel records show award of the Vietnam Service Medal, but do not show campaign credit for the periods the applicant served in Vietnam.

19. 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. The appendix shows that the applicant is entitled to wear one bronze service start for each the following Vietnam campaigns: Vietnam Counter Offensive 1965-1966, Vietnam Counter Offensive, Phase II, Vietnam Counter Offensive, Phase III, Tet Counteroffensive, Vietnam Counter Offensive, Phase IV, and Vietnam Counter Offensive, Phase V, correctly shown as one silver service star and one bronze service star.

20. The Board noted the absence of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

21. The Board noted that the applicant’s records show 2 overseas service bars.

22. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. The Board considered the applicant's request to correct his DD Form 214 to show award of the Bronze Star Medal with “V” Device and the Purple Heart and to reflect all other authorized awards and decorations.

2. General Orders show that the applicant was awarded the Bronze Star Medal with “V” Device. Therefore, he is entitled to correction of his records to show this decoration.

3. There is no evidence in the applicant’s service personnel records which shows that he was wounded, or treated for wounds or injuries, as a result of hostile action. The Board notes the DD Form 1380 that, though undated, indicates that the applicant was wounded as a result of enemy action, that he was assigned to the 15th Engineer Battalion, and that he was treated for a wound to the left elbow. The Board notes the NAVO 5216/5 (7-66), dated 10 March 1968, that indicates that the applicant was wounded as a result of enemy action, that he was assigned to the 15th Engineer Battalion, and that he was treated by a U.S. Naval Hospital Corpsman. The Board also notes the photograph of the applicant that shows a bandage on his left elbow. The Board concludes that the applicant has submitted sufficient corroborating evidence to justify correction of his records to show award of the Purple Heart as a result of being wounded in the Republic of Vietnam on 10 March 1968, while engaged in combat.

4. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 16 November 1964 to 15 November 1967. Therefore, he is entitled to correction of his records to show this award.

5. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in six campaigns. As a result, the applicant is entitled to award of six bronze service stars, correctly shown as one silver service star and one bronze service star and correction of his records to show this award.

6. Evidence of record shows that the applicant’s unit was awarded the Meritorious Unit Commendation on three occasions while he was assigned to the unit. Therefore, he is entitled to correction of his records to show three awards of the Meritorious Unit Commendation, correctly shown as the Meritorious Unit Commendation with Second Oak Leaf Cluster.

7. Evidence of record shows that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm while he was assigned to the unit. Therefore, he is entitled to correction of his records to show this unit award.

8. Evidence of record shows that the applicant’s unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class. Therefore, he is entitled to correction of his records to show this unit award.

9. Evidence of record shows that the applicant is eligible for award of the Vietnam Campaign Medal. Therefore, he is entitled to correction of his records to show this award.

10. Evidence of record shows that the applicant is eligible for two additional overseas service bars. Therefore he is entitled to correction of his records to show these service bars.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal with “V” Device, the Purple Heart, the first award of the Good Conduct Medal, one silver service star and one bronze service star, to be affixed to the Vietnam Service Medal, the Meritorious Unit Commendation with two Oak Leaf Clusters, the Republic of Vietnam Gallantry Cross with Palm, The Republic of Vietnam Civil Actions Honor Medal First Class, the Vietnam Campaign Medal and two additional overseas service bars (for a total of four).

BOARD VOTE:

___JNS__ __WDP__ ___LEM_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081323
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030619
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS)
REVIEW AUTHORITY	130
ISSUES 1.	107.0014.0000
2.	107.0015.0000
3.
4.
5.
6.