PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 October 2003
         DOCKET NUMBER: AR2003088192


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Arthur A. Omartian		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 (Report of Transfer or Discharge) to show two awards of the Bronze Star Medal (correctly known as the Bronze Star Medal with First Oak Leaf Cluster) and the Purple Heart.

3. The applicant states, in effect, that his DD Form 214 does not reflect his two awards of the Bronze Star Medal. He also contends that he does not have the general orders for the Purple Heart but he received the Purple Heart while he was in the Saigon Hospital prior to his transfer to the 3rd Army General Hospital in Japan. In support of his application, he submits a copy of his DD Form 214 and general orders for two awards of the Bronze Star Medal.

4. The applicant’s military records show that he enlisted on 1 February 1967 for a period of 3 years. He served as a radio teletype operator assigned to Battery A, 2nd Battalion, 321st Artillery of the 82nd Airborne Division in Vietnam from
14 February 1968 until he was medically evacuated back to the United States on 22 July 1969 for medical treatment. On 14 October 1969, the applicant was released from active duty in the rank of sergeant after completing 2 years,
8 months and 14 days of creditable service with no lost time.

5. The applicant's DD Form 214 shows the National Defense Service Medal, the Army Commendation Medal, the Air Medal, the Parachutist Badge, the Bronze Star Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal, the Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6. 3rd Brigade, 82nd Airborne Division General Orders Number 250, dated
26 November 1968, show the applicant received the Bronze Star Medal for meritorious service for the period 14 February 1968 to 14 October 1968.

7. 3rd Brigade, 82nd Airborne Division General Orders Number 36, dated
6 January 1969, show the applicant received the Bronze Star Medal for meritorious achievement for the period 5 October 1968 to 13 October 1968.

8. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was a patient on 7 July 1969 and was transferred to the United States for further medical treatment on 22 July 1969. The applicant's separation physical examination, dated 7 October 1969, shows he had a shrapnel wound to his left knee and underwent an operation in August 1969.

9. The applicant's name does not appear on the Vietnam Casualty Roster.

10. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11. The applicant’s service personnel records show he participated in six campaigns during his assignment in Vietnam.

12. 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 the applicant’s unit was cited for award of the Valorous Unit Award for actions during the period 12 November to 10 December 1968 by Department of the Army General Orders Number 43, dated 1970.

13. Department of the Army Pamphlet 672-3 shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

14. Department of the Army Pamphlet 672-3 also shows the applicant's unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

16. 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, and the medical treatment must have been made a matter of official record.

17. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

18. 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 bronze service stars will be worn on the appropriate service medal. This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1. The applicant's DD Form 214 shows one award of the Bronze Star Medal as an authorized award. Evidence of record shows the applicant received two awards of the Bronze Star Medal. Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with First Oak Leaf Cluster.

2. The Board considered the applicant's contention that he received the Purple Heart while he was hospitalized in Saigon. Evidence of record shows the applicant was a patient on 7 July 1969 and was transferred to the United States for further medical treatment on 22 July 1969. Medical evidence of record shows the applicant had a shrapnel wound to his left knee and underwent an operation in August 1969. The Board concludes that it is reasonable to presume that the applicant was wounded in action in July 1969 in Vietnam. Therefore, the Board finds the applicant's separation physical examination sufficient as a basis for award of the Purple Heart. Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

3. Considering the applicant attained the rank of sergeant in less than three years, the Board concludes the applicant met eligibility criteria for the first award of the Good Conduct Medal for the period 1 February 1967 through 14 October 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.

4. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in six campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star and one bronze service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and one bronze service star and correction of his DD Form 214 to show these awards.

5. The applicant's unit received the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show these unit awards.
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 showing that the applicant was awarded the Purple Heart for wounds received in action in July 1969 in Vietnam and the first award of the Good Conduct Medal for the period 1 February 1967 through 14 October 1969.

2. That the applicant's DD Form 214 be corrected to show award of the Bronze Star Medal with First Oak Leaf Cluster, the Purple Heart, the first award of the Good Conduct Medal, the Vietnam Service Medal with one silver service star and one bronze service star, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

JL_____ MKP____ AAO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Joann Langston_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088192
SUFFIX
RECON
DATE BOARDED	20031023
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.