PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 September 2003
         DOCKET NUMBER: AR2003087078


         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. Klaus P. Schumann		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Linda D. Simmons		Member
Ms. Regan K Smith		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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, Air Medal, Bronze Star Medal with "V" Device, Army Commendation Medal, Presidential Unit Citation and the Good Conduct Medal.

3. The applicant states, in effect, that he is entitled to the Purple Heart, Air Medal, Bronze Star Medal with "V" Device, Army Commendation Medal, Presidential Unit Citation and the Good Conduct Medal based on his service in the United States Army during the Vietnam War.

4. In support of his application the applicant provided a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of a 23 August 2000 letter from a Florida Veterans Service Center Manager certifying that the applicant is 100% permanently and totally disabled due to a service connected disability.

5. The applicant’s military records show that that he enlisted in the Regular Army as an Infantry Indirect Fire Crewman on 29 August 1968. He served in the Republic of Vietnam from 5 March 1969 to 4 March 1970. He was honorably separated from the Army on 15 June 1970.

6. The applicant's DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal with 1960 Device, Combat Infantryman Badge, Air Medal, and Bronze Star Medal with "V" Device.

7. The applicant's DD Form 214 does not show in item 24 the award of the Purple Heart. However, his military records contain a 5 February 1981 official statement from the Adjutant General of the Army which reflects that the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 18 May 1969.

8. Additionally, the citation for the applicant's award of the Bronze Star Medal with "V" Device shows that the applicant was a machine gunner in Company D, 3rd Battalion (Airmobile), 187th Infantry and was "slightly wounded" on 18 March 1969 while providing suppressive fire upon an enemy position.

9. The applicant's DD Form 214 shows in item 24 the award of one Air Medal. However, his military records contain two 101st Airborne Division General Orders for award of the Air Medal (General Orders 10426, dated 11 August 1969, and General Orders 13065, dated 17 October 1969).

10. The applicant's DD Form 214 shows in item 24 the award of the Bronze Star Medal with "V" Device. However, a review of his military records shows that he was awarded the Bronze Star Medal twice based on 101st Airborne Division (Airmobile) General Orders 225, dated 13 August 1969, and 101st Airborne Division General Orders 1012, dated 3 February 1970.

11. The applicant's DD Form 214 does not show in item 24 the award of the Army Commendation Medal (ARCOM). However, a review of his military records shows that he was awarded the Army Commendation Medal based on 101st Airborne Division (Airmobile) General Orders 11496, dated 30 August 1969.

12. The applicant's DD Form 214 does not show in item 24 the award of the Presidential Unit Citation. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards received during the Vietnam War. This document shows that the applicant's unit, the 3rd Battalion 187th Infantry, was awarded the Presidential Unit Citation for actions during the period 10 May 1969 to 21 May 1969 based on Department of the Army General Order 16, dated 1972.

13. The applicant's DD Form 214 does not show in item 24 award of the Good Conduct Medal. However, his military records contain a 5 February 1981 official statement from the Adjutant General of the Army, which shows that the applicant was awarded the Good Conduct Medal for his service during the period 29 August 1968 thru 15 June 1970.

14. The Board noted that item 24 of the applicant's DD Form 214 shows award of the Vietnam Service Medal. However, his DA Form 20 (Enlisted Qualification Record) in item 39 shows that he participated in one "unnamed" campaign. A review of Annex B, Army Regulation 600-8-22 (Military Awards) shows that he participated in three campaigns during his service in the Republic of Vietnam.

15. The Board noted that the applicant's records do not show an entitlement to the Valorous Unit Award. Department of the Army Pamphlet 672-3 shows that his unit, the 3rd Battalion 187th Infantry, was awarded the Valorous Unit Award for actions during the period 17 April 1969 to 7 May 1969 based on Department of the Army General Orders 2, dated 1971.

16. The Board noted that the applicant's records do not show an entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Department of the Army Pamphlet 672-3 lists the foreign unit awards received during the Vietnam War. This document shows that his unit, the 3rd Battalion 187th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders 43, dated 1970.

17. The Board noted that the applicant's records do not show an entitlement to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Department of the Army Pamphlet 672-3 shows that his unit, the 3rd Battalion 187th Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal based on Department of the Army General Orders 48, dated 1971.

18. Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.

19. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The ribbon denotes the first award and numerals starting with the numeral two denote the number of additional awards.

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

21. Although more than one award of the Army Commendation Medal or the Air Medal or the Bronze Star Medal may be made for heroism to the same person, Army Regulation 600-8-22 provides that only one “V” Device may be worn on awards of the Army Commendation Medal, or the Air Medal or the Bronze Star Medal for heroism.

22. Army Regulation 600-8-22 states the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

23. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

24. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

25. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

26. Army Regulation 600-8-22 provides, in pertinent part, that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace thereover, after 3 July 1965 through 28 March 1973. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace the thereover, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. To qualify award of the Vietnam Service Medal an individual must be attached or regularly serve one or more days in an organization participating in or directly supporting military operations, be attached or regularly serve 1 or more days aboard a Naval vessel directly supporting military operations, participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations, or to serve on temporary duty for 30 consecutive days or 60 non-consecutive areas. One bronze service star is authorized for each campaign in which a member participates. However, no person will be entitled to more than one award of the Vietnam Service Medal.

27. Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

28. Army Regulation 600-8-22 provides, in pertinent part, that the unit citation of the Civil Actions Honor Medal was awarded by the Republic of Vietnam for meritorious service.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Purple Heart to the applicant. However, the applicant's military records contain an official statement, dated 5 February 1981, which is authenticated by the Adjutant General of the Army and shows the applicant was awarded the Purple Heart for wounds sustained in action on 18 May 1969. Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Purple Heart. Therefore, the applicant is entitled to correction of his records to show award of the Purple Heart.

2. The Board considered the applicant's request for correction of his DD Form 214 to show award of the Air Medal. General Orders show that he received two awards of the Air Medal. Therefore, he is entitled to correction of his military records to show the award of the Air Medal with the Numeral "2".

3. The Board considered the applicant's request for correction of his DD Form 214 to show award of the Bronze Star Medal. His military records show two awards of the Bronze Star Medal, one for valor and on for meritorious service. Therefore, he is entitled to correction of his military records to show the award of the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.

4. The Board considered the applicant's request for correction of his DD Form 214 to show award of the Army Commendation Medal. His military records show that he was awarded the Army Commendation. Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal.

5. Department of the Army General Orders show that the unit to which the applicant was assigned the 3rd Battalion 187th Infantry, was cited for award of the Presidential Unit Citation. Therefore, he is entitled to the award of the Presidential Unit Citation and correction of his records to show this award.

6. The Board considered the applicant's request for correction of his DD Form 214 to show award of the Good Conduct Medal. The Board determined, based on evidence of record, that the applicant was awarded the Good Conduct Medal for the period of 29 August 1968 to 15 June 1970. Therefore, he is entitled to correction of his military records to show the award of the Good Conduct Medal.

7. The Board noted that the applicant was credited for only one campaign on his DA Form 20 (Enlisted Qualification Record). However, the Board determined that the applicant participated in three campaigns while assigned to the Republic of Vietnam. Therefore, he is entitled to correction of his military records to show the award of the Vietnam Service Medal with three bronze service stars and correction of his military records.

8. Department of the Army General Orders show that the unit to which the applicant was assigned, 3rd Battalion 187th Infantry, was cited for award of the Valorous Unit Award. Therefore, he is entitled to award of the Valorous Unit award and correction of his records to show this award.

9. Department of the Army General Orders show that the unit to which the applicant was assigned, the 3rd Battalion 187th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his records to show this award.

10. Department of the Army General Orders show that the unit to which the applicant was assigned, the 3rd Battalion 187th Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

11. 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:

a. by showing that the individual concerned was awarded the Purple Heart for wounds sustained in action on 18 May 1969 while assigned to B Company, 3rd Battalion, 187th Infantry;

b. by showing that he was awarded the Air Medal with numeral "2";

c. by showing that he was awarded the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device;

d. by showing he was awarded the Army Commendation Medal;

e. by showing that he was awarded the Presidential Unit Citation;

f. by showing that he was awarded the Good Conduct Medal;

g. by showing that he was awarded the Vietnam Service Medal with three bronze service stars;

h. by showing that he was awarded the Valorous Unit Award;

i. by showing that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

j. by showing that he was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.


BOARD VOTE:

__JNS__ __LDS__ __RKS__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____JOHN L. SLONE_________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087078
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030925
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.PH	107.0015.0000
2.AM	107.0018.0000
3.BSM	107.0014.0000
4.PUC	107.0031.0000
5.
6.