PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 July 2003
         DOCKET NUMBER: AR2003085602


         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Walter T. Morrison		Member
Mr. Thomas E. O'Shaughnessy		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 that he be awarded the Purple Heart.

3. The applicant states that he was wounded in action in 1967. He provides a statement from a fellow soldier who states he was an eyewitness to the applicant being wounded on 21 March 1967 when a regimental-size force of the enemy overran their position at a remote location.

4. The applicant’s military records show that he was inducted into the Army on 16 March 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).

5. The applicant's unit, Battery A, 2d Battalion, 77th Artillery, 4th Infantry Division, transferred to Vietnam on or about 22 September 1966.

6. The applicant was awarded the Bronze Star Medal with "V" device on 21 March 1967 on Headquarters, 25th Infantry Division General Orders Number 1653 dated 24 April 1967. The citation states in pertinent part, "…While performing this courageous act he was wounded…"

7. The applicant was reassigned to Battery B, 1st Battalion, 11th Artillery, 9th Infantry Division on 7 May 1967.

8. On 14 September 1967, the applicant departed Vietnam after being credited with participation in two campaigns.

9. The applicant was awarded the Army Commendation Medal for meritorious service on Headquarters, 9th Infantry Division General Orders Number 1041 dated 27 February 1968.

10. The applicant was released from active duty on 15 March 1968. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, the overseas bar, the Bronze Star Medal, and the Sharpshooter Qualification Badge with Rifle bar.

11. The applicant's service medical records are not available.

12. 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

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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.

13. Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

14. 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 2d Battalion, 77th Artillery, it was cited for award of the Presidential Unit Citation for action on 21 March 1967 by Department of the Army General Orders (DAGO) Number 59, dated 1968.

15. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2d Battalion, 77th Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 – 1 August 1967 by DAGO Number 48, dated 1971.

16. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 11th Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 – 30 June 1968 by DAGO Number 31, dated 1969.

17. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 11th Artillery, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 28 June 1969 by DAGO Number 59, dated 1969.

18. Department of the Army Pamphlet 672-3 further states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

CONCLUSIONS:

1. The applicant's service medical records are not available and it cannot be determined if he received medical treatment for his wounds. However, the Board presumes that the exigencies of the battlefield may have prevented his receiving such treatment and accepts the citation in the Bronze Star Medal with "V" device orders as sufficient evidence to show he met the eligibility criteria for award of the Purple Heart.

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2. The evidence of record shows that the applicant was awarded the Bronze Star Medal with "V" device (his DD Form 214 shows only that he was awarded the Bronze Star Medal) and the Army Commendation Medal. His DD Form 214 should be amended to show he was awarded these two decorations.

3. The evidence of record shows the applicant was credited with participation in two campaigns. His DD Form 214 should be amended to show he is authorized to wear two bronze service stars on the Vietnam Service Medal.

4. The evidence of record shows that the applicant was assigned to the 2d Battalion, 77th Artillery during a period of time that unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 should be amended to add these unit awards.

5. The evidence of record shows that the applicant was assigned to the 1st Battalion, 11th Artillery 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. Although he may wear only one Republic of Vietnam Gallantry Cross with Palm Unit Citation, his DD Form 214 should be amended to add the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 awarding the applicant the Purple Heart for wounds received on 21 March 1967.

2. That the applicant's DD Form 214:

a. be amended to delete the Vietnam Service Medal with one bronze service star and the Bronze Star Medal; and

b. be amended to add the Purple Heart, the Bronze Star Medal with "V" device, the Army Commendation Medal, the Vietnam Service Medal with two

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bronze service stars, the Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

__mkp___ __wtm___ _teo____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085602
SUFFIX
RECON
DATE BOARDED	20030729
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.