PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 June 2003
         DOCKET NUMBER: AR2002082863


         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. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Karen A. Heinz		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.

3. The applicant states that he was wounded on 16 October 1969 during a firefight. He contends, in effect, that he received the Bronze Star Medal with "V" Device for his actions on this day. In support of his application, he submits an award certificate and citation for the Bronze Star Medal for heroism on
16 October 1969; an award certificate and citation for the Bronze Star Medal for meritorious achievement during the period July 1969 to July 1970; and a Veterans Administration Statement in Support of Claim, dated 29 October 1990.

4. The applicant’s military records show that he enlisted on 20 November 1956, served as a welder blacksmith and was released from active duty on 20 October 1959. He reenlisted on 30 October 1959 and remained on active duty through continuous reenlistments until he retired on 5 October 1976 in the rank of sergeant first class.

5. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served two tours in Vietnam (7 November 1966 through 6 November 1967 and from 7 July 1969 through 1 July 1970).

6. The applicant's DD Form 214 (Report of Transfer or Discharge) covering the period from 30 October 1965 through 30 July 1971 does not show the Purple Heart as an authorized award.

7. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

8. The applicant's DA Form 20 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. In support of his claim for award of the Purple Heart, the applicant provided a citation for the Bronze Star Medal. This citation shows that on 16 October 1969 the applicant aided in combating a burning bunker, that he was taken to the aid station and treated for an acute cold injury to his hands, and that he sustained a burn on his forearm.

11. The applicant's service personnel records contain 1st Cavalry Division (Airmobile) General Orders Number 15417, dated 4 December 1969, which show the applicant received the Bronze Star Medal with "V" Device for heroism on



16 October 1969 in Vietnam. The reason stated in these orders contain no evidence that the applicant was wounded during his valorous action on
16 October 1969.

12. The applicant's DD Form 214 (Report of Transfer or Discharge) covering the period from 30 October 1965 through 30 July 1971 shows the Army Commendation Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, two Overseas Service Bars, the Bronze Mechanic Badge and the Bronze Star Medal with "V" Device as authorized awards.

13. 1st Cavalry Division (Airmobile) General Orders Number 1776, dated
4 February 1970, show the applicant received the Bronze Star Medal with "V" Device for heroism on 27 January 1970 in Vietnam.

14. 1st Cavalry Division (Airmobile) General Orders Number 9632, dated
5 June 1970, show the applicant received the Bronze Star Medal for meritorious service during the period July 1969 to July 1970.

15. 1st Cavalry Division (Airmobile) General Orders Number 6701, dated
28 April 1970, show the applicant received the Air Medal during the period July 1969 to April 1970.

16. The applicant's DA Form 20 shows that he participated in six campaigns during his assignments in Vietnam.

17. 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 Valorous Unit Award for actions on 1 May to 29 June 1970 by Department of the Army General Orders Number 43, dated 1972. This award is not shown on his DD Form 214 with an effective date of 30 July 1971.

18. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was cited for award of the Meritorious Unit Commendation for actions during the period 1 June 1967 to 31 May 1968 by Department of the Army General Orders Number 28, dated 1969. The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 June 1968 to 30 November 1969 by Department of the Army General Orders Number 2, dated 1971. These unit awards are not shown on the applicant's DD Form 214 with an effective date of 30 July 1971.

19. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969. This award is not shown on the applicant's DD Form 214 with an effective date of 30 July 1971.

20. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant 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 42, dated 1972. This award is not shown on his DD Form 214 with an effective date of 30 July 1971.

21. Army Regulation 600-8-22 (Military Awards), 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 Bronze Star Medal.

22. 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.

23. Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

24. Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

CONCLUSIONS:

1. Notwithstanding the citation for the Bronze Star Medal provided by the applicant which shows that he was treated for an acute cold injury to his hands and sustained a burn on his forearm on 16 October 1969, the general orders for the Bronze Star Medal with "V" Device do not show that the applicant was wounded as a result of hostile action on 16 October 1969.

2. There is no evidence in the applicant's service personnel records which shows that he was wounded or injured as a result of hostile action.

3. The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to the Purple Heart. Therefore, the Board determined that there in insufficient evidence on which to base award of the Purple Heart in this case.

4. The applicant's DD Form 214 (Report of Transfer or Discharge) covering the period from 30 October 1965 through 30 July 1971 shows one award of the


Bronze Star Medal with "V" Device. However, the applicant received three awards of the Bronze Star Medal, two of which were for valor. Therefore, the applicant's DD Form 214 with an effective date of 30 July 1971 should be corrected to show the Bronze Star Medal with Second Oak Leaf Cluster with "V" Device.

5. The applicant received the basic award of the Air Medal; therefore, his DD Form 214 with an effective date of 30 July 1971 should be corrected to show this award.

6. The applicant’s DD Form 214 with an effective date of 30 July 1971 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in six campaigns during his assignments in Vietnam which are not correctly shown by award of one silver service star and one bronze service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and one bronze service star and correction of his DD Form 214 with an effective date of 30 July 1971 to show these awards.

7. The applicant's unit was cited for the Valorous Unit Award, two awards of the Meritorious Unit Commendation, 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 30 July 1971 should be corrected to show these unit awards.

8. 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 Bronze Star Medal with Second Oak Leaf Cluster with "V" Device, the Air Medal, the Vietnam Service Medal with one silver service star and one bronze service star, the Valorous Unit Award, two awards of the Meritorious Unit Commendation, 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 30 July 1971.





2. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

aao____ tbr_____ kah_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082863
SUFFIX
RECON
DATE BOARDED	20030605
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.