PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 August 2003
         DOCKET NUMBER: AR2003084363


         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
Mr. Roger W. Able		Member
Ms. Regan K. Smith		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 his records be corrected to show award of the Purple Heart (PH), the Berlin Occupation Medal, the Berlin Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation, and the Valorous Unit Award (VUA).

3. The applicant states, in effect, that he was injured while serving with H Company, 2/11 Armored Cavalry Regiment (ACR) from December 1968 to February 1970. He further states that the “Berlin campaign and service medal” should have been awarded and reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Lastly, he states that H Company, 2/11 Armored Cavalry received the VUA on 20 June 1969 and that his records should reflect this. In support of his application, the applicant has submitted: a copy of a DD Form 1380 (U.S. Field Medical Card), much of which is not legible; a copy of DA Form 2658 (Health Record - Abstract of Service); copies of Standard Form 600 (Chronological Record of Medical Care); a copy of VA Form 2507 (Compensation and Pension Exam Report), dated 16 January 1997; a copy of a letter from his personal physician, dated 1 March 1999; a copy of a letter sent to his congressman, dated 30 May 2000; a copy of a letter to the Veteran’s Administration (VA), written by the applicant’s mother, dated 20 October 2001; and a copy of a page (month of June) extracted from the 11th Armored Cavalry’s Veterans of Vietnam and Cambodia.

4. The applicant’s military records show that he enlisted in the Regular Army on 26 June 1967 for 3 years. He completed Basic Combat and Advanced Individual Training in Military Occupational Specialty (MOS) 11E10 (Armor Crewman) at Fort Knox, Kentucky. The applicant was then assigned to Berlin where, according to his DA Form 20 (Enlisted Qualification Record), he performed duties as a Gunner and Tank Driver from 30 May 1968 to 30 October 1968. He was then assigned to Vietnam where he completed a tour of duty with Company H, 2nd Squadron, 11th ACR. The applicant returned to the United States upon completion of his Vietnam tour of duty, where he was honorably separated on 1 February 1970, in the pay grade of E-5.

5. The applicant’s DD Form 214, which is authenticated in his own hand, shows that he was awarded the following decorations: the Army Commendation Medal; the Good Conduct Medal; the Vietnam Service Medal; the Vietnam Campaign Medal; and, the National Defense Service Medal.

6. There is no evidence in his records which shows that he was wounded, or treated for wounds, as a result of hostile action. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart and the applicant did not provide a copy of orders or an award certificate in support of his claim for this award. The applicant’s name is not listed on the Vietnam Casualty Roster.
7. Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not indicate that he was wounded while on active duty.

8. 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.

9. 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.

10. The applicant’s DA Form 20 indicates that he was awarded the Army of Occupation Medal for service in Berlin.

11. Department of the Army General Orders Number 53, dated 1970, shows that, at the time of the applicant’s assignment to Company H, 2d Squadron, 11th ACR, the unit was cited for award of the Valorous Unit Award for actions on 18 June 1969.

12. Department of the Army General Orders Number 50, dated 1971, shows that, at the time of the applicant’s assignment to the 11th ACR, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm for the period 1 May 1969 to 15 February 1970.

13. The applicant’s DA Form 20 shows that he was awarded two overseas service bars under the provisions of Army Regulation 670-1, in effect at the time, which governed the wear of insignia and uniforms.

14. US Army Training Center and Fort Lewis Special Orders 215, dated 3 August 1967, announce award of the Marksman Basic Marksmanship Qualification Badge, with Rifle Bar, to the applicant.

15. The applicant’s DD Form 214 shows award of the Vietnam Service Medal, but does not show campaign credit for the periods the applicant served in Vietnam. 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 Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969; Tet 69 Counteroffensive, 23 February 1969 to 8 June 1969; Vietnam Summer-Fall 1969, 9 June 1969 to 31 October 1969; and Vietnam Winter-Spring Counteroffensive 1970, 1 November 1969 to 30 April 1970.

CONCLUSIONS:

1. The applicant’s DD Form 214 does not show award of the Purple Heart and there are no orders in the applicant’s records which award him the Purple Heart. The applicant’s name does not appear on the Vietnam Casualty Roster and there is no evidence that he was wounded, or treated for wounds, as a result of hostile action during his service in Vietnam. The Board notes the evidence and statements submitted by the applicant. However, given the lack of any corroborating evidence of record or other independent sources, the Board finds this evidence alone is not sufficient to meet the regulatory burden of proof necessary to support the award of the Purple Heart.

2. Evidence of record shows the applicant was awarded the Army of Occupation Medal (Berlin). Therefore, he is entitled to have his records corrected to reflect this award.

3. General orders show that the applicant’s unit was awarded the Valorous Unit Award while he was assigned to the unit. Therefore, he is entitled to have his records corrected to reflect this award.

4. General orders show that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit. Therefore, he is entitled to have his records corrected to reflect this award.

5. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in four campaigns. Therefore, he is entitled to have his records corrected to reflect four bronze service stars, to be affixed to his Vietnam Service Medal.

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

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

8. 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 Army of Occupation Medal with Germany Clasp;

b. the Valorous Unit Award;

c. the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

d. four bronze service stars, to be affixed to his Vietnam Service Medal;

e. two overseas service bars; and,

f. the Marksman Basic Marksmanship Qualification Badge, with Rifle Bar.

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

BOARD VOTE:

____jns__ ___rwa _ ____rks__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________John N. Slone________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084363
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030821
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.
2.
3.
4.
5.
6.