PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2002084374


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Ms. Deborah S. Jacobs		Member
Mr. Jose A. Martinez		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, in effect, that the Purple Heart he earned for wounds he sustained in Vietnam be added to his DD Form 214, Report of Transfer or Discharge.

3. The applicant states, in effect, that he was wounded in action in Vietnam, that he earned the Purple Heart and it was never issued to him nor was it entered on his DD Form 214.

4. The applicant submitted a copy of his DD Form 214 in support of his application for correction of his records.

5. The applicant’s military records show that he was inducted into the Army of the United States on 16 May 1968. He received his basic combat training and his advanced individual training at Fort Ord, California. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

6. The applicant was assigned to the Republic of Vietnam and arrived in the Americal Division on 11 October 1968. On 27 October 1968, he was assigned to B Company, 1st Battalion, 20th Infantry, 11th Infantry Brigade. On 25 January 1969, he was reassigned to D Company, 1st Battalion, 46th Infantry, 198th Infantry Brigade. On 14 April 1969, he was reassigned to B Company,
1st Battalion, 46th Infantry, 198th Infantry Brigade. He remained in that unit until he was returned to the United States and was assigned to Fort Hood, Texas.

7. The applicant's name appears on the Vietnam Casualty List. The code entered in the fourth Column (23) translates to: Hostile. Wounded in action. Not serious. Hospitalized. The code (HL) entered in the 10th Column translates to: Mines - other weapons. Includes cutting piercing blunt instrument, etc.

8. The Standard Form (SF) 89, Report of Medical History, completed by the applicant during his separation physical examination, on 6 April 1970, shows an entry that reports that he had sustained fragmentation wounds in the legs and in the buttocks on 13 June 1969. The applicant's comment shows he was initially taken to the 312 Evacuation Hospital and was later sent to the 23rd Medical Battalion for treatment. The date the applicant reports to have been wounded which is entered on the SF 89 corresponds with the date he was reported as a casualty on the Vietnam Casualty List. The examining physician made an entry in Item 40 (Physician's Summary and Elaboration of All Pertinent Data) of the
SF 89 that confirms these reports through examination.

9. While with the 198th Infantry Brigade, the applicant participated in the following four campaigns: Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; Tet Counteroffensive, 1969, which extended from 23 February through 8 June 1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969.

10. Item 40 (Wounds), of the applicant's DA Form 20 (Enlisted Qualification Record), is blank. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart.

11. The applicant was honorably released from active duty on 3 June 1970 and was transferred to the US Army Reserve Control Group (Annual Training) in the rank and pay grade, Private, E-1. On his release from active duty, he had a total of 2 years and 19 days active Federal service with no lost time. The applicant was retained in service 19 days beyond the expiration of his term of service for the convenience of the Government.

12. The applicant's DD Form 214, in Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the following: "National Defense Service Medal; Vietnam Service Medal w/3 Bronze Service Stars; Republic of Vietnam Campaign Medal; Combat Infantryman Badge; Marksman (Rifle M-14; Marksman Rifle M-16); and Sharpshooter (M-60 MG)." The Purple Heart is not shown as an authorized award.

13. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

14. The above regulation 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: (a) the wound was the result of hostile action; (b) the wound required medical treatment; and (c) the medical treatment was made a matter of official record.

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 that B Company, 1st Battalion, 20th Infantry, 198^th Infantry Brigade, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 October 1968 through 24 January 1969 by Department of the Army General Order (DAGO) Number 2, dated 1971. This document also shows that B Company, 1st Battalion, 46th Infantry 198^th Infantry Brigade, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 and 16 April through 28 August 1969 by Department of the Army General Order (DAGO) Number 42, dated 1972 and DAGO 6 dated 1974, respectively. B Company,
1st Battalion, 46th Infantry 198^th Infantry Brigade, was also awarded the Valorous Unit Award for the period 11 through 31 August 1969 by DAGO 43 dated 1972. The applicant's DD Form 214 does not show these awards as authorized awards. These awards were made to these units after he had been released from active duty.

16. Army Regulation 600-8-22 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 applicant participated in four campaigns while serving in the Republic of Vietnam.

17. Army Regulation 670-1, in effect at the time, governs the requirements for the oversea 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. 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 the US Armed Forces 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 a whole months for credit toward the overseas service bar. The applicant served in the Republic from 11 October 1968 through 3 October 1969.

CONCLUSIONS:

1. There is ample evidence that the applicant was wounded in action against a hostile enemy while he was in the Republic of Vietnam. He is therefore entitled to award of the Purple Heart and to have it added to his DD Form 214.

2. The applicant was present and participated in 4 campaigns during his tour of duty in the Republic of Vietnam; therefore, he is entitled to award of 4 bronze service stars to be affixed to his already awarded Vietnam Service Medal.

3. The applicant served with B Company, 1st Battalion, 20th Infantry, 198^th Infantry Brigade which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; B Company, 1st Battalion, 46th Infantry, 198^th Infantry Brigade which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Valorous Unit Award. The applicant's DD Form 214 does not show these awards as authorized awards. It would be appropriate to add these unit awards to his DD Form 214 at this time.

4. The applicant served in the Republic of Vietnam from 11 October 1968 until 3 October 1969. He is therefore eligible for award of 2 overseas service bars and it would be appropriate to add them to his DD Form 214 at this time.

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

RECOMMENDATION:

That all Department of the Army records related to this case be corrected by

         a. awarding the applicant the Purple Heart for wounds sustained in action against an armed enemy, on 13 June 1969, and adding this award to the applicant's DD Form 214,

         b. deleting the 3 bronze service stars now shown in Block 24 of the applicant's DD Form 214 and awarding the applicant 4 bronze service stars to be affixed to his already-awarded Vietnam Service Medal denoting participation in four campaigns while he served in the Republic of Vietnam, and

         c. by awarding then adding two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and 2 Overseas Service Bars to Block 24 of the applicant's DD Form 214.

BOARD VOTE:

__mhm___ ___dsj__ __jam___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Melvin H. Meyer
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002084374
SUFFIX
RECON
DATE BOARDED	20030520
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.