PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2003085196


         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 he be awarded 2 Purple Hearts and that the Bronze Star Medal and Purple Heart that were awarded him be added to his DD Form 214.

3. The applicant states, in effect, that he has received one Purple Heart and one Bronze Star Medal but they are not recorded on his DD Form 214. He states that he did not receive Purple Heart certificates for the other two Purple Hearts but Army hospital records should show dates of wounds received to verify.

4. The applicant submitted a copy of his DD Form 214, Report of Transfer or Discharge, a copy of an award certificate for the Purple Heart, a copy of an award certificate for the Bronze Star Medal, a copy of a DA Form 3522, Department of the Army Certificate of Appreciation, dated 12 June 1970, for "Faithful Performance of Duty," a copy of a DD Form 256A, Honorable Discharge Certificate, dated 1 April 1974, and a copy of an NGB (National Guard Bureau) Form 55, Honorable Discharge Certificate from the Army National Guard, dated 1 June 1977, in support of his application.

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

6. The applicant was awarded the 1st Class Gunners (now known as the Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar in Paragraph 2, Special Orders 245, published by Headquarters, Second AIT Brigade, US Army Training Center, Infantry, Fort Ord, California, dated 23 November 1968.

7. On 12 January 1969, the applicant was assigned to A Company, 1st Battalion, 16th Infantry Regiment, 1st Infantry Division, in the Republic of Vietnam. He remained with that unit until he completed his overseas tour of duty and was returned to the United States on 11 January 1970. He was assigned to Fort Hood, Texas, for the remainder of his Army service.

8. The applicant was honorably released from active duty on 12 June 1970 at the expiration of his term of service. He was transferred to the US Army Reserve Control Group (Annual Training) in the rank and pay grade, Specialist Four, E-4. On his release from active duty, he had 1 year, 11 months, and 28 days active Federal service, with 65 days lost time. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of

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the applicant's DD Form 214, shows that he was awarded the following: National Defense Service Medal; Vietnam Service Medal with 2 bronze service stars; the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. The Bronze Star Medal and the Purple Heart are not shown on the DD Form 214.

9. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Bronze Star Medal. The applicant submitted a copy of a certificate awarding him the Bronze Star Medal for the period January 1969 to January 1970. A search of General Orders for the 1st Infantry Division was made and revealed that the applicant was awarded the Bronze Star Medal by General Orders 17216, Headquarters, 1st Infantry Division, dated 15 December 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.

11. The applicant's name does not appear on the Vietnam Casualty List; but, notwithstanding this fact, the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 28 February 1969 by General Orders Number 404, Headquarters, 1st Infantry Division, dated 10 January 1970. The date the applicant was wounded in action, 28 February 1969, shown on the certificate for award of the Purple Heart, corresponds to the date shown on the above referenced General Orders.

12. In addition to the above, the applicant's medical records contain a DD Form 1380, US Field Medical Card, prepared by an Army Medical Corps officer from D Company, 1st Medical Battalion. Information recorded on this form shows that the applicant received fragmentation wounds to the back of the head and back, from an enemy-placed booby trap, while on a search and destroy mission, on 24 February 1969. The applicant was not awarded a Purple Heart for these wounds.

13. While in the Republic of Vietnam, he participated in the following four campaigns: 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; Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970.

14. Army Regulation 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal,

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service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

15. 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, in this case, the Vietnam Service Medal.

16. 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 the unit the applicant served with in Vietnam: A Company, 1st Battalion, 16th Infantry, 1st Infantry Division, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April through October 1969 by Department of the Army General Orders (DAGO) Number 2 dated 1971. The unit was also awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period October 1965 through 7 April 1970, by DAGO Number 53, dated 1970. The applicant's DD Form 214 does not show these as authorized awards.

17. Army Regulation 670-1, in effect at the time, governed the requirements for the Overseas Service Bar. In pertinent part, it provided 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. One overseas service bar is authorized for each six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

CONCLUSIONS:

1. The applicant was awarded the Purple Heart on competent general orders for a wound sustained in Vietnam on 28 February 1969 in action against a hostile enemy. The applicant is therefore entitled to have the Purple Heart shown on his DD Form 214.

2. The evidence of record shows that the applicant was wounded in action by an enemy-placed booby trap, on 24 February 1969. The applicant is entitled to award of the Purple Heart (First Oak Leaf Cluster) for the wound he sustained on this date and to have it shown on his DD Form 214.

3. There is no evidence that the applicant was wounded in action a third time while he served in the Republic of Vietnam; therefore, he is not eligible for award of the Purple Heart (Second Oak Leaf Cluster).

4. The applicant was awarded the Bronze Star Medal for meritorious achievement in ground operations against a hostile force for the period January 1969 to January 1970. The applicant is therefore entitled to have the Bronze Star Medal shown on his DD Form 214.

5. The applicant served with a unit during a period it 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. The applicant's DD Form 214 does not show these as authorized awards because they were awarded after the applicant had been released from active duty. It would be appropriate to add these unit awards to his DD Form 214 at this time.

6. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar on 23 November 1968. The qualification badge is not shown on his DD Form 214. It would be appropriate to add this award to his separation document at this time.

7. 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 and to have it correctly shown on his separation document

8. The applicant served in the Republic of Vietnam from 12 January 1969 through 11 January 1970. He is therefore eligible for award of 2 overseas service bars. It would be appropriate to add them to his DD Form 214 at this time.

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

RECOMMENDATION:

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

         a. awarding the applicant the Purple Heart (First Oak Leaf Cluster) and adding it to his DD Form 214;

         b. deleting the Vietnam Service Medal with 2 bronze service stars from Block 24 of the applicant's DD Form 214, awarding the applicant the Vietnam Service Medal with 4 bronze service stars to denote his participation in four Vietnam campaigns, and adding this award to his separation document;

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         c. amending the applicant's DD Form 214 to add the following unit awards which were awarded the unit with which he served in Vietnam after he was released from active duty: the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and

         d. amending to add the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar which was omitted when the DD Form 214 was prepared.

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

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	AR2003085196
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.