PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 April 2003
         DOCKET NUMBER: AR2003085293


         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. Walter T. Morrison		Chairperson
Mr. Harry B. Oberg		Member
Mr. Ronald J. Weaver		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 the Purple Heart.

3. The applicant states, that he has a loss of hearing due to exposure to a grenade explosion in February 1969 during combat in the Mekong Delta, in the city of My Tho, Vietnam. The applicant adds that he is currently receiving disability compensation for this injury and that his records are at the Department of Veterans Affairs (VA) Regional Office, Los Angeles.

4. The applicant submitted a copy of his DD Form 214, Report of Transfer or Discharge, in support of his application.

5. The applicant’s military records show that he enlisted in the Army on
18 October 1967. He received his basic combat and his advanced individual training at Fort Polk, Louisiana. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11C, Infantry Indirect Fire Crewman.

6. On 8 March 1968, the applicant departed Fort Polk en route to the Republic of Vietnam. He arrived in Vietnam on 3 April 1968, and was assigned to
A Company, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division. He remained with that unit until he completed his overseas tour on 1 April 1969.

7. While in the Republic of Vietnam, he participated in the following four campaigns: the Vietnam Counteroffensive, Phase IV, which extended from
2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; and the Tet Counteroffensive, 1969, which extended from 23 February through
8 June 1969.

8. The applicant's name does not appear on the Vietnam Casualty List and there are no medical records available for the Board to review.

9. 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.

10. Block 24 (Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows that he was awarded the following: "Bronze Star

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Medal; Air Medal 1 OLC; National Defense Service Medal; Vietnam Service Medal; and the Marksman M-14." The Purple Heart is not shown on this document.

11. On 25 May 1968, Special Orders 146, Paragraph 87 were published by Headquarters, 9th Infantry Division, and awarded the applicant the Combat Infantryman Badge. This award does not appear on the applicant's DD
Form 214.

12. The applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar in Paragraph 178, Special Orders 013, and the Second Class Gunner (now known as the Marksman) Marksmanship Qualification Badge with Mortar Bar in Paragraph 201, Special Orders 039. Both these orders were published by Headquarters, US Army Training Center, Infantry and Fort Polk, Louisiana, on 15 January and 14 February 1968, respectively. These badges are also not shown on the applicant's DD Form 214.

13. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar in Paragraph 4, Special Orders 162 published by Headquarters, Basic Combat Training Committee Group, US Army Training Center, Infantry, Fort Polk, Louisiana, on 22 September 1969. This badge is also not shown on the applicant's DD Form 214.

14. 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.

15. 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.

16. This same regulation provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal. The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces.

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17. The above regulation authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

18. 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,
A Company, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division, was awarded 2 awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 December 1966 through 30 June 1968 by Department of the Army General Orders (DAGO) Number 31 dated 1969 and for the period from January through June 1969 by DAGO 59 dated 1969. The applicant's unit was also awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation by DAGO 59 dated 1969. DD Form 214 does not show these as authorized awards.

19. 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. There is no evidence and the applicant has provided none that he was wounded in action against a hostile force while in the Republic of Vietnam in February 1969. He is therefore not eligible for award of the Purple Heart.

2. The applicant was awarded the Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Pistol Bar, the Marksman (formerly known as the 2nd Class Gunner) Qualification Badge with Mortar Bar, and the Sharpshooter Qualification Badge with Automatic Rifle Bar. These badges are not shown on the applicant's DD Form 214. It would be appropriate to add these to his DD Form 214 at this time.

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

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4. The applicant served with, A Company, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division, during the period it was cited for award of 2 awards of 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. It would be appropriate to add these unit awards to his DD Form 214 at this time.

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

6. 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:

         a. deleting the Vietnam Service Medal and Marksman M-14 from Block 24 of the applicant's DD Form 214,

         b. awarding the applicant the Republic of Vietnam Campaign Medal;
2 awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation;
4 bronze service stars to be worn on his already awarded Vietnam Service Medal; and 2 Overseas Service Bars.

         c. and amending block 24 of the applicant's DD Form 214 to add to and to correct entries as follows: Vietnam Service Medal with 4 bronze service stars; Republic of Vietnam Campaign Medal; 2 awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; Combat Infantryman Badge; Sharpshooter Qualification Badge with Automatic Rifle Bar; Marksman Marksmanship Qualification Badge with Pistol Bar; the Marksman Qualification Badge with Mortar Bar; and 2 Overseas Service Bars.

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

BOARD VOTE:

__wtm___ __hbo___ __rjw___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Walter T. Morrison
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085293
SUFFIX
RECON
DATE BOARDED	20030417
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.