PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2002082357


         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. Roger W. Able		Chairperson
Mr. Larry C. Bergquist		Member
Ms. Barbara J. Ellis		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 award of the Purple Heart and the Bronze Star Medal.

3. The applicant states, in effect, that his unit was involved in a vehicle ambush in September 1968 in Vietnam. He contends that he dismounted his vehicle, while under fire, to save a soldier who was blown out of a track vehicle and laying in the middle of the road. He states that he placed the soldier inside of his 5-ton cargo truck and took him to the checkpoint. In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); a letter, dated 6 November 2002, from the Department of Military and Veterans Affairs; a Standard Form 600 (Chronological Record of Medical Care), dated 29 August 1968; and a Department of Veterans Affairs (DVA) Rating Decision, dated
17 October 2002.

4. The Disabled American Veterans, as counsel for the applicant, supports the applicant's request for award of the Purple Heart and the Bronze Star Medal based on the merits of the case and his combat service in Vietnam. Counsel reiterates the applicant's contentions and points out that the applicant states that while on convoy his unit was often attacked with mortars and rockets resulting in casualties. Counsel further points out that the applicant participated in the TET offensive which is documented in his service records and that the applicant contends that a soldier friend was killed in action during these convoys.

5. The applicant’s military records show that he was inducted on 6 December 1966. He served as a heavy vehicle driver in Vietnam from 30 October 1967 through 21 October 1968 and was released from active duty on 25 October 1968.

6. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Bronze Star Medal as authorized awards.

7. There is no evidence in the applicant’s service personnel records which shows that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

8. The applicant's DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.

9. The applicant’s name does not appear on the Vietnam Casualty Roster.

10. Evidence of record shows that on 24 October 1968 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.



11. In support of his claim for award of the Purple Heart, the applicant provided a Standard Form 600 (Chronological Record of Medical Care), dated 29 August 1968. This medical record states, "Dressing Removed. Well Healed. No Need To Return." However, there is no evidence that this medical treatment was the result of hostile action.

12. The applicant also provided a DVA Rating Decision, dated 17 October 2002, which shows that service connection for posttraumatic stress disorder was granted.

13. There are no orders for the Bronze Star Medal in the applicant's service personnel records. Item 41 (Awards and Decorations) on the applicant’s DA Form 20 does not show entitlement to the Bronze Star Medal.

14. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His records also show that he participated in four campaigns during his assignment in Vietnam.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. 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 2 September 1967 to 31 March 1968 by Department of the Army General Orders Number 31, dated 1969. This award is not shown on his DD Form 214.

16. Department of the Army Pamphlet 672-3 also shows the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Gold Star for actions during the period 23 October 1966 to 24 April 1971 by Department of the Army General Orders Number 24, dated 1972. This foreign unit award is not shown on his DD Form 214.

17. Department of the Army General Number Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973. This award is not shown on his DD Form 214.

18. Army Regulation 600-8-22 (Military Awards) 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.

19. 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.

20. 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.

21. 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 may not be worn, official military personnel and historical records will indicate all awards received.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

2. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the Board determined that there in insufficient evidence on which to base award of the Bronze Star Medal in this case.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

4. The applicant's unit was cited for the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Gold Star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

5. 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 Vietnam Service Medal with four bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Gold Star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as pertains to the Purple Heart and Bronze Star Medal be denied.

BOARD VOTE:

RWA____ LCB____ BJE_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Roger W. Able________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082357
SUFFIX
RECON
DATE BOARDED	20030710
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0014
3.
4.
5.
6.