PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2003086597

         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Roger w. Able		Chairperson
Mr. Larry C. Bergquist		Member
Ms. Barbara J. Ellis		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 the Purple Heart (PH) and Bronze Star Medal (BSM) be added to his 30 December 1966 separation document (DD Form 214); and that the date of entry listed in Item 19c (Date of Entry) of this same separation document be corrected.

3. The applicant states, in effect, that several discrepancies in his military records were discovered during a compensation and pension evaluation at the Brooklyn Veterans Administration (VA) Hospital. He states that he has been attempting to get his service related injury compensation upgraded due to several service connected physical and mental problems that have arisen over the years. He claims that a correction to his separation document will expedite the claims process. The documents submitted by the applicant in support of his application include copies of the following documents: DD Form 214, dated
30 December1966; DD Form 214, dated 1 May 1962; 27 May 1965 Casualty Report Message; PH Certificate, dated 27 May 1965; Medical Condition-Physical Profile Record (DA Form 8-274), dated 10 June 1965.

4. The applicant’s military records show that he initially entered active duty on
28 March 1960. He was trained in and awarded military occupational specialty (MOS) 11B Infantryman.

5. On 1 May 1962, while serving at Fort Bragg, North Carolina, the applicant was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued on this date confirms that he had completed 2 years, 1 month, and 4 days of active military service. It also shows that he had been awarded the Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Flamethrower Bar.

6. On 2 May 1962, the applicant reenlisted and he continuously served on active duty until he was honorably discharged on 30 December 1966. His Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 29 July 1966 to 28 July 1967. During his tenure in the RVN, he performed duties in MOS 11B, and he served with Company D, 1^st Battalion, 12^th Cavalry Regiment, 1^st Cavalry Division.

7. Block 40 (Wounds) of the applicant’s DA Form 20 is blank and contains no entry indicating that he was wounded in action. Block 41 (Awards and Decorations) confirms that he earned the following awards during his active duty tenure: Army Good Conduct Medal; Armed Forces Expeditionary Medal; National Defense Service Medal; and Combat Infantryman Badge. The PH and BSM are not included in this list of earned awards.

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8. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of a Department of the Army (DA) Message, Subject: Casualty Report, that indicates that the applicant received a gunshot wound to his left leg on 27 May 1965, as a result of hostile fire while on patrol. The MPRJ is void of any orders or documents showing that the applicant was ever recommended for or awarded the BSM.

9. The applicant provides a PH Certificate that indicates that he was awarded the PH for wound he received in action on 27 May 1965, while serving as a sergeant (SGT) in the RVN.

10. Item 19c (Date Of Entry) of the applicant’s 30 December 1962 DD Form 214 contains the entry “2 May 62”. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards he earned during his tenure on active duty: Army Good Conduct Medal; Armed Forces Expeditionary Medal; National Defense Service Medal; and Combat Infantryman Badge. The PH and the BSM are not listed as authorized awards. Item 27 (Wounds Received in Action) contains the entry “None.”

11. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 for all personnel at the time of their retirement, discharge, or release from active duty. Section III, in effect at the time, contained item-by-item guidance for entries on the DD Form 214. It
stated, in effect, that the date of enlistment or reenlistment on the period of
active duty documented in the DD Form 214 being prepared would be entered
in Item 19c (Date Of Entry). Further, that any wounds received as result of
enemy action along with the date and place of action would be entered in
Item 27 (Wounds Received As A Result Of Enemy Action).

12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

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13. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States who served in Vietnam after 3 July 1965 through
28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. A bronze service star is authorized with this award for each campaign participated in while serving in the RVN.

14. Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers. This document confirms the applicant participated in two campaigns during his tenure in the RVN.

15. Paragraph 9-19 of the awards regulation contains guidance on the Republic of Vietnam Campaign Medal. It states, in pertinent part, this medal is awarded 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.

16. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1. The Board notes the applicant’s contentions that the PH and BSM should be added to his 30 December 1966 DD Form 214, and that the date of entry contained in Item 19c should be changed. The Board finds partial merit in these claims.

2. The evidence of record contains a DA Casualty Message that confirms that the applicant received a gunshot wound to his left leg on 27 May 1965 as a result of hostile fire, while on patrol in the RVN. A copy of the PH Award Certificate on file also confirms that he received the PH as a result of this incident. Thus, the Board concludes it would be appropriate to correct his record and separation document to show he was wounded in action on 27 May 1965, and was awarded the PH as a result.

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3. The Board finds the date of entry listed in Item 19c of the applicant’s
30 December 1966 DD Form 214 is the correct date he reenlisted for that particular period of service. Further, his initial entry date of 28 March 1960 is properly documented in Item 19c of his 1 May 1962 DD Form 214. Thus, the Board finds no corrective action is necessary on this issue.

4. The evidence of record and independent evidence provided by the applicant provides no indication that he was ever recommended for or awarded the BSM during his active duty tenure. Thus, the Board finds insufficient evidence to support adding this award to his record at this time.

5. During its review of this case, the Board discovered that based on his campaign participation and service in the RVN, the applicant is also entitled to
receive the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Campaign Medal with 60 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. As a result, it finds that it would also be appropriate to add these awards to his record 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 for the individual concerned be corrected by showing he was awarded the Purple Heart for being wounded in action on 27 May 1965, while serving as a sergeant/E-5 in the Republic Of Vietnam: by showing that based on his service in the Republic of Vietnam, he is entitled to the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Campaign Medal with 60 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

__BE___ __LB___ ___RA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Roger W. Able
         CHAIRPERSON

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INDEX

CASE ID	AR2003086597
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY
ISSUES 1. 60	107. 0014
2. 61	107.0015
3. 189	110.0000
4.
5.
6.