PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 July 2003
         DOCKET NUMBER: AR2002082517


         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:

Ms. Margaret K. Patterson		Chairperson
Mr. Walter T. Morrison		Member
Mr. Thomas E. O'Shaughnessy		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 issuance of the Bronze Star Medal, the Purple Heart, and the Combat Infantryman Badge. He also requests correction of his records to reflect these awards and decorations by issuing him a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3. The applicant states that due to the circumstances of his injuries, and the transfer from one military hospital to another, he was never issued the medals or the badge. He further states that they were not properly recorded on his DD Form 214.

4. The applicant’s military records show that he was inducted on 4 August 1966. He completed basic and advanced individual training, where he trained in Military Occupational Specialty (MOS) 11E10 (Armor Crewman). The applicant served a tour of duty at Fort Knox prior to being reassigned to Vietnam on 28 August 1967, where he served as a scout in the 11th Armored Cavalry Regiment (ACR). He was medically evacuated from Vietnam as a result of wounds received on 10 June 1968 and was honorably separated from active duty in pay grade E-5, on 4 September 1968.

5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, the National Defense Service Medal and the Vietnam Campaign Medal. No other awards or decorations are listed.

6. Headquarters, II Field Force Vietnam General Orders Number 871, dated 7 August 1968, announced award of the Bronze Star Medal to the applicant for meritorious service in connection with military operations against a hostile force for the period July 1967 to July 1968.

7. Headquarters, 24th Evacuation Hospital General Orders Number 121, dated 11 June 1968, announced award of the Purple Heart to the applicant for injuries received as a result of hostile action on 10 June 1968.

8. The applicant’s name is listed twice on the Vietnam Casualty Roster. The first date is 13 May 1968. This entry shows that the applicant was wounded by mines or other weapons as a result of enemy action and that the wound/s were not serious enough to be hospitalized. The second date is 10 June 1968. This entry shows that the applicant was wounded by mines or other weapons as a result of enemy action and that the wound/s caused his evacuation from the theater of operations.

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9. Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows two entries. The first entry indicates that the applicant received a shrapnel wound to right arm on 13 May 1968 while the second entry indicates he fractured his jaw on 10 June 1968.

10. A Disposition Form (DF) from the Squadron Surgeon, 1/11 ACR, dated 15 May 1968, indicates that the applicant was wounded as a result of hostile action and treated in the field, on 13 May 1968. The DF requests that the S-1, 1/11 ACR award the Purple Heart to the applicant.

11. Headquarters, 11th ACR Special Orders Number 41, dated 10 February 1968, announced award of Primary MOS 11B40 (Light Weapons Infantryman) to the applicant, effective 10 February 1968. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that the applicant was awarded the Combat Infantryman Badge. The authority cited for this badge is Headquarters, 11th ACR Special Orders Number 54, dated 27 February 1968.

12. Headquarters, US Army Training Center, Armor, Special Orders Number 273, dated 30 September 1966, announce award of the Sharpshooter Marksmanship Badge, with Rifle Bar, to the applicant.

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 years of qualifying service and there is no indication of any disciplinary being taken against him action in his service personnel records.

14. 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 Valorous Unit Award for actions during the period 31 January to 5 February 1968 by Department of the Army General Orders Number 12, dated 1969 and amended by Department of the Army General Orders Number 28, dated 1969. The applicant’s unit was also cited for the Presidential Unit Citation for actions during the period 11 May to 2 June 1968 by Department of the Army General Orders Number 69, dated 1969.

15. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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16. 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 star for each the following Vietnam campaigns: Vietnam Counter Offensive, Phase III; Tet Counteroffensive; and Vietnam Counter Offensive, Phase IV.

17. The Board notes that the applicant’s records show 1 overseas service bar. 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 messages. 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.

18. 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.

19. 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.

20. Army Regulation 600-8-22 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.

21. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that, once a DD Form 214 has been issued, it will not be reissued except when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214).

CONCLUSIONS:

1. General Orders show that the applicant was awarded the Bronze Star Medal. Therefore, he is entitled to correction of his records to show this decoration.

2. General Orders show that the applicant was awarded the Purple Heart for injuries received on 10 June 1968. Therefore, he is entitled to correction of his records to show this decoration.

3. Evidence of record shows that the applicant was wounded, as a result of hostile action, on 13 May 1968. Therefore, he is entitled to correction of his records to show a second award of the Purple Heart.

4. Special Orders show that the applicant was awarded the Combat Infantryman Badge. Therefore, he is entitled to correction of his records to show this decoration.

5. Since there is no evidence that the applicant was disqualified for the Good Conduct Medal, he is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service from 4 August 1966 through 4 September 1968. Therefore, he is entitled to correction of his records to show this award.

6. General Orders show the unit to which the applicant was assigned was cited for award of the Valorous Unit Award and the Presidential Unit Citation. Therefore, he is entitled to correction of his records to show these unit awards.

7. General Orders show that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, he is entitled to correction of his records to show this unit award.

8. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in 3 campaigns. As a result, the applicant is entitled to award of 3 bronze service stars, to be affixed to the Vietnam Service Medal, and correction of his records to show these appurtenances.

9. Evidence of record shows that the applicant is eligible for one additional overseas service bar. Therefore he is entitled to correction of his records to show this service bar.

10. Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Badge, with Rifle Bar. Therefore, he is entitled to correction of his records to show this badge.

11. All corrections to be made to the applicant’s military records can be accomplished by use of a DD Form 215. Therefore, he is not entitled to the reissue of his DD Form 214.

12. In view of the foregoing, the applicant’s records should be corrected 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:

a. the Bronze Star Medal;

b. the Purple Heart for wounds received on 13 May 1968;

c. the Purple Heart, First Oak Leaf Cluster for wounds received on 10 June 1968;

d. the Combat Infantryman Badge;

e. the first award of the Good Conduct Medal

f. the Valorous Unit Award;

g. the Presidential Unit Citation

h. the Republic of Vietnam Gallantry Cross Unit Citation with Palm

i. three bronze service stars, to be affixed to the Vietnam Service Medal;

j. one additional overseas service bar (for a total of two), and;

k. the Sharpshooter Marksmanship Badge, with Rifle Bar.

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

BOARD VOTE:

____wtm_ ___teo__ ____mkp_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Margaret K. Patterson____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082517
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030729
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.