MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2003084625

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Ted Kanamine		Member
Mr. Lawrence Foster		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to show he was awarded four Purple Hearts.

APPLICANT STATES: That he was wounded twice on 25 March 1969 and twice on 20 May 1969. He provides his DD Form 214 and one Purple Heart certificate (which shows he was wounded on 20 May 1969) as supporting evidence.

COUNSEL CONTENDS: Counsel makes no additional contention.

EVIDENCE OF RECORD: The applicant's military records show:

He was inducted into the Army on 19 January 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

The applicant was awarded the Expert Qualification Badge with rifle bar on Special Orders Number 67, Headquarters, U. S. Army Training Center, Fort Bragg, North Carolina, dated 7 March 1968.

The applicant was awarded the Marksman Qualification Badge with automatic rifle bar on Special Orders Number 191, Headquarters, 3d Advanced Individual Training Brigade, Fort Jackson, South Carolina, dated 28 October 1968.

The applicant was awarded the Parachutist Badge on Special Orders Number 232, Headquarters, The Student Brigade, U. S. Army Infantry School, Fort Benning, Georgia, dated 20 September 1968.

The applicant arrived in Vietnam and was assigned to Company A, 1st Battalion, 28th Infantry, 1st Infantry Division on or about 11 January 1969.

The applicant was awarded the Combat Infantryman Badge on Special Orders Number 132, Headquarters, 1st Infantry Division, dated 12 May 1969.

The applicant and a group of other soldiers were awarded the Purple Heart on General Orders Number 4923, Headquarters, 1st Infantry Division, dated 5 June 1969 for wounds received on 20 May 1969. These orders contain a pen and ink annotation near the signature block, "FW (R) Arm." The soldiers listed immediately below the group the applicant was listed with were wounded on 27 May 1969.

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The applicant's DA Form 20, item 40 (Wounds), shows he was wounded on 25 March 1969 with a contusion to the left knee and on 27 May 1969 with fragment wounds to the right arm. The applicant last reviewed his DA Form 20 on 23 June 1969.

The applicant is listed on the Republic of Vietnam Casualty Roster twice, for wounds received on 25 March 1969 and on 20 May 1969.

The applicant was awarded the Bronze Star Medal with "V" device on General Orders Number 5119, Headquarters, 1st Infantry Division, dated 9 June 1969 for action on 16 February 1969.

The applicant departed Vietnam on or about 31 December 1969 after receiving participation credit for 4 campaigns.

The applicant was honorably released from active duty on 1 January 1970. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Bronze Star Medal, the Army Good Conduct Medal, and two awards of the Purple Heart. The applicant signed the DD Form 214.

Army Regulation 600-8-22 (Military Awards) states 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 by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 states that one bronze service star is worn on the appropriate service medal for each credited campaign.

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, at the time of the applicant's assignment to the 1st Battalion, 28th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 2, dated 1970.

Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 28th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970.

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DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The evidence of record shows the applicant was only wounded twice, once on 25 March 1969 and once on 20 May 1969. The Board determined that, although his DA Form 20 shows he was wounded on 27 May 1969, General Orders 4923 and the Republic of Vietnam Casualty Roster confirm the applicant's second wounding occurred on 20 May 1969.

2. The applicant provides no evidence to show he was wounded an additional two times. Therefore, there is insufficient evidence to award any additional Purple Hearts.

3. The Board notes that there are several administrative errors/omissions on the applicant's DD Form 214.

4. The applicant was awarded the Expert Qualification Badge with rifle bar, the Marksman Qualification Badge with automatic rifle bar, the Parachutist Badge, and the Combat Infantryman Badge but these badges are not listed on his DD Form 214. His DD Form 214 should be administratively corrected to add these badges.

5. The applicant's DD Form 214 shows he was awarded the Bronze Star Medal but he was actually awarded the Bronze Star Medal with "V" device. His DD Form 214 should be administratively corrected to reflect this fact.

6. The applicant was credited with participation in 4 campaigns and so is authorized to wear 4 bronze service stars on the Vietnam Service Medal. His DD Form 214 should be amended to reflect this fact.

7. The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 should be administratively corrected to add these unit awards.

8. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Board requests that the Army Review Boards Agency Support Division – St. Louis amend the applicant’s DD Form 214 by adding the Expert Qualification Badge with rifle bar, the Marksman Qualification Badge with automatic rifle bar, the Parachutist Badge, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; to delete the Bronze Star Medal and to add the Bronze Star Medal with "V" device; and to show he is authorized to wear 4 bronze service stars with the Vietnam Service Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__mkp___ __tsk___ __lf ____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2003084625
SUFFIX
RECON
DATE BOARDED	20030513
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	107.0015
2.
3.
4.
5.
6.