PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 July 2003
         DOCKET NUMBER: AR2003086513


         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
Ms. Joyce A.Hall		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Yolanda Maldonado		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart.

3. The applicant states, in effect, that he was wounded while serving in Vietnam. He was awarded the Purple Heart and he received the Purple Heart certificate. However, they were destroyed in a house fire. He was unaware that the award of the Purple Heart was not reflected on his DD Form 214.

4. The applicant’s military records show that he entered the Regular Army on
16 February 1970. He completed the required training and was awarded military occupational specialty 11B10 (Light Weapons Infantryman).

5. His official personnel records show that he served in Vietnam from 15 July 1970 through 26 February 1971. He was assigned to Company D, 1^st Battalion, 11^th Infantry, 1^st Infantry Brigade, 5^th Infantry Division. On 10 September 1971 the applicant was honorably released from active duty and transferred to U.S. Army Reserve after completing 1 year, 6 months, and 25 days of creditable active service with no lost time.

6. His DD Form 214 shows as authorized awards the National Defense Service Medal, the Vietnam Service Medal, and the Combat Infantryman Badge. It does show the award of the Purple Heart.

7. Special Orders 58, dated 6 April 1970, from Headquarters, 2^nd Basic Combat Training Brigade, United States Army Training Center, Fort Jackson, South Carolina, awarded the applicant the Sharpshooter Badge with Rifle Bar (M-16). However, this award does not appear on the applicant's DD Form 214.

8. Special Orders 144, dated 25 May 1970, from Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, awarded the applicant the Sharpshooter Marksman Qualification Badge with Grenade Bar. However, the award is not reflected on the applicant's DD Form 214.

9. General Orders 21, dated 25 February 1971, from Headquarters, 18^th Surgical Hospital awarded the applicant the Purple Heart for an injury received as a result of hostile action on 20 February 1971.

10. The original Western Union Telegram from the Department of the Army, Office of the Adjutant General, dated 20 February 1971, is filed in the applicant's record. This document notified the applicant's wife and his parents that he was wounded as a result of hostile action. He sustained a gunshot wound to his left hand.

11. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows "Not Seriously Wounded Gun Shot to Left Hand 20 February 1971."

12. General Orders 572, dated 2 May 1971, from Headquarters, 1^st Infantry Brigade, 5^th Infantry Division, Camp Red Devil, awarded the applicant the Air Medal for meritorious achievement in connection with aerial operations against a hostile force from 23 May 1970 through 26 February 1971. However, this award is not reflected on the applicant's DD Form 214.

13. General Orders 44, dated 8 September 1971, from Headquarters, U. S. Army Fort Knox Medical Department Activities, Fort Knox, Kentucky, awarded the applicant the Army Good Conduct Medal for the period 16 February 1970 through10 September 1971. However, this award is not listed on the applicant's DD Form 214 as an authorized award.

14. The Board noted that the applicant was entitled to receive the award of the Vietnam Campaign Medal. However, this award is not reflected on his DD Form 214.

15. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows that the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.

16. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that 1^st Battalion, 11^th Infantry, 1^st Brigade, 5^th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971, by Department of the Army General Order Number 41, dated 1972.

17. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

18. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam 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. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

19. 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 service stars will be worn on the appropriate medal.

CONCLUSIONS:

1. General Orders 21 dated 25 February 1971 and the Western Union Telegram dated 20 February 1971 filed in the applicant's service personnel record confirm that the applicant was wounded as a result of hostile action. Therefore, the applicant is entitled to correction of his DD Form 214 to reflect this award.

2. The Board noted that the applicant was awarded the Sharpshooter Badge with Rifle Bar (M-16) by Special Orders 58, dated 6 April 1970. The applicant was also awarded the Sharpshooter Marksman Qualification Badge with Grenade Bar by Special Orders 144, dated 26 May 1970. Therefore, he is entitled to correction of his records to show these awards.

3. The Board also noted that the applicant was awarded the Air Medal by General Order 572, dated 2 May 1971 for the period 23 May 1970 through
26 February 1971. Correction of the applicant's records is appropriate to show this award.

4. The Board noted that the applicant was awarded the Army Good Conduct Medal (First Award) by General Order 144, dated 8 September 1971 for the period 16 February 1970 through 10 September 1971. Therefore, correction of his DD Form 214 is appropriate to reflect this award.

5. The evidence of record shows that the applicant was entitled to award of the Republic of Vietnam Campaign Medal. Correction of the applicant's service personnel record would be appropriate to show this foreign award.

6. The evidence of record shows that the applicant served in Vietnam during two campaigns entitling him to wear two bronze service stars with the Vietnam Service Medal.

7. The evidence of record also shows that the applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant is entitled to correction of his records to reflect this unit citation.
8. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the applicant's DD Form 214 to show that he was awarded the Purple Heart, the Sharpshooter Badge with Rifle Bar (M-16), the Sharpshooter Marksman Qualification Badge with Grenade Bar, the Air Medal for the period
23 May 1970 through 26 February 1971, the Army Good Conduct Medal for the period 16 February 1970 through 10 September 1971, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

__AAO__ __YM___ __JPI____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Mr. Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086513
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/07/24
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.