PROCEEDINGS


         IN THE CASE OF: .
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003088391


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley L. Powell		Member
Mr. Robert L. Duecaster		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 Meritorious Service Medal (2nd Award) [properly known as the First Oak Leaf Cluster] he was awarded upon retirement be added to his DD Form 214, Report of Separation from Active Duty, and that he be awarded the Purple Heart.

3. The applicant states, in effect, that he was awarded the Meritorious Service Medal (First Oak Leaf Cluster) upon his retirement from the Army.

4. The applicant also states, in support of his request for award of the Purple Heart, that in 1971 both he and another soldier should have been awarded the Purple Heart. Both sustained injuries in a vehicle accident that occurred when they came under small weapons fire from the enemy near Song Cau, Vietnam. The other soldier was medically evacuated to the 7th Field Hospital in Qui Nhon, Vietnam. The applicant was taken to the 7th Field Hospital by MACV (Military Assistance Command, Vietnam) Team 22 medics the next day. The award, he states, was negated by the officer in charge of the DARRS (Division Advisory Radio Research Support) Team because of his negative attitude towards awards and other problems. The applicant provided nothing, other than his written statement, in support of his application.

5. The applicant’s military records show that he enlisted in the Regular Army on 20 February 1962 after having served on active duty in the United States Air Force from 21 January 1958 through 19 January 1962 when he was honorably discharged after 3 years, 11 months and 29 days service.

6. The applicant continued his service throughout a career and was honorably released from active duty on 31 August 1979 in the rank and pay grade of First Sergeant, E-8, for the purpose of retirement. On his retirement date, he had a total of 21 years, 7 months, and 10 days active Federal service with no lost time.

7. The applicant's DD Form 214, in Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded: the National Defense Service Medal; the Good Conduct Medal (7th Award); the Vietnam Service Medal; the Army Commendation Medal with Oak Leaf Cluster; the Republic of Vietnam Campaign Medal; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 3 overseas service bars; the Meritorious Unit Commendation with 2 Oak Leaf Clusters; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; the Meritorious Service Medal; the Bronze Star Medal; and the Republic of Vietnam Staff Service Medal, 2nd Class. The Meritorious Service Medal (First Oak Leaf Cluster) and the Purple Heart are not shown on this document.

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8. The applicant's name does not appear on the Vietnam Casualty List.

9. Item 4 (Assignment Considerations), of the applicant's DA Form 2-1 (Personnel Qualification Record, Part II), is void of an entry showing that the applicant was wounded in action against a hostile enemy. There is no entry in Item 9 (Awards, Decorations and Campaigns), of the DA Form 2-1, showing that the applicant was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart.

10. While in the Republic of Vietnam, he participated in the following three campaigns: the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; the Consolidation I, which extended from 1 July through 30 November 1971; and the Consolidation II, which extended from 1 December 1971 through 29 March 1972.

11. Army Regulation (AR) 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

12. The above regulation 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: (a) the wound was the result of hostile action; (b) the wound required medical treatment; and (c) the medical treatment was made a matter of official record.

13. AR 600-8-22 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, in this case, the Vietnam Service Medal.

14. A member of the staff contacted the applicant to determine if he had a copy of the orders and citation for the award he received at retirement and any medical documentation, which would support award of the Purple Heart for wounds he allegedly sustained in Vietnam in action against a hostile enemy.

15. The applicant, in response to the inquiry described above, submitted a copy of the award certificate for award of the Meritorious Service Medal (First Oak Leaf Cluster), dated 31 August 1979, but not the orders. In a telephone conversation with a member of the staff, the applicant stated that he has orders but has not been able to locate them for this action.

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16. The applicant also provided a six-page follow-up summary of significant events in his life, and in particular, those that transpired during the Vietnam era. No documentary evidence to support award of the Purple Heart, beyond his recollections of events, was submitted

CONCLUSIONS:

1. There is no evidence, and the applicant has provided none, that he was wounded while on duty in the Republic of Vietnam. The applicant is therefore not entitled to award of the Purple Heart.

2. The certificate for award of the Meritorious Service Medal (First Oak Leaf Cluster) is accepted by the Board as proof that the applicant was awarded the award upon retirement from the Army. The award certificate bears the signature of the person who served as the Secretary of the Army at the time the award was made; the certificate also bears the signature of the general officer who served as Commander, Fort Bliss, Texas, at the time the award was made; and the period of service corresponds to the time of the applicant's service at Fort Bliss; therefore, it would be appropriate to add this award to the applicants separation document at this time.

3. The applicant was present and participated in 3 campaigns during his tour of duty in Vietnam; therefore, he is entitled to the award of 3 bronze service stars to be affixed to his already awarded Vietnam Service Medal.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by:

         a. awarding the applicant 3 bronze service stars to be worn on his already awarded Vietnam Service Medal, and

         b. adding the already-awarded Meritorious Service Medal (First Oak Leaf Cluster) to the applicant's DD Form 214.

2. That so much of the application as is in excess of the foregoing, request for award of the Purple Heart, be denied.

BOARD VOTE:

__fe ____ ___slp___ __rld____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088391
SUFFIX
RECON
DATE BOARDED	2003/10/07
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1.46 DE	107.0000
2. 63	107.0017
3. 61	107.0015
4.
5.
6.