PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 September 2003
         DOCKET NUMBER: AR2003088654


         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. Shirley Powell		Chairperson
Mr. Walter T. Morrison		Member
Mr. Thomas A. Pagan		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 award of the Silver Star and the Purple Heart.

3. The applicant states that these awards are not shown on his DD Form 214. In support of his application, he submits orders for award of the Silver Star and an award certificate for award of the Purple Heart.

4. The applicant’s military records show that he was inducted on 9 April 1968. He served as a combat engineer assigned to Company A, 65th Engineer Battalion of the 25th Infantry Division in Vietnam from 14 September 1968 until approximately 20 August 1969 when he was medically evacuated. On
20 November 1969, the applicant was released from active duty in the rank of specialist five after serving 1 year, 7 months and 12 days.

5. The applicant's DD Form 214 shows the National Defense Service Medal, the Army Commendation Medal with "V" Device, the Valorous Unit Award, the Bronze Star Medal, the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6. 25th Infantry Division General Orders Number 1567, dated 13 February 1969, show the applicant received the Army Commendation Medal with "V" Device for heroism on 19 January 1969 in Vietnam.

7. 25th Infantry Division General Orders Number 6688, dated 13 May 1969, show the applicant received the Army Commendation Medal with "V" Device for heroism on 28 April 1969 in Vietnam.

8. 25th Infantry Division General Orders Number 11632, dated 14 September 1969, show the applicant received the Silver Star for gallantry in action on
8 August 1969 in Vietnam.

9. There are no orders for the Purple Heart in the applicant's service personnel records. However, the applicant provided an award certificate, dated
23 September 1969, which shows he received the Purple Heart for wounds received in action on 21 August 1969 in Vietnam. Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows he sustained a fragment wound to his right leg on 20 August 1969. The Vietnam Casualty Roster shows the applicant was wounded as a result of hostile action on 20 August 1969.

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.

11. 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 5, dated 1973.

12. 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 51, dated 1971.

13. 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.

14. 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 Army Commendation Medal.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service 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.

16. 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. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide 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 to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

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.

CONCLUSIONS:

1. The applicant received the Silver Star for gallantry in action on 8 August 1969 in Vietnam. Therefore, the applicant's DD Form 214 should be corrected to show this award.

2. There are no orders for the Purple Heart in the applicant's service personnel records. However, the applicant provided an award certificate which shows he was wounded in action on 21 August 1969 in Vietnam. The Board noted that the Vietnam Casualty Roster and the applicant's DA Form 20 show he was wounded in action on 20 August 1969 in Vietnam. Therefore, the Board determined that the applicant is entitled to award of the Purple Heart for wounds received in action on 20 August 1969 in Vietnam.

3. The applicant received two awards of the Army Commendation Medal with "V" Device. Therefore, his DD Form 214 should be corrected to show award of the Army Commendation Medal with First Oak Leaf Cluster with "V" Device.

4. Based on the applicant's service in Vietnam, he is entitled to award of the Vietnam Service Medal and the Vietnam Campaign Medal. Therefore, his DD Form 214 should be corrected to show these medals.

5. Since the applicant attained the grade of specialist five in less than two years, the Board concludes he met the eligibility criteria for the first award of the Good Conduct Medal for the period 9 April 1968 through 20 November 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.

6. The applicant's unit received 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 citations.

7. 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 on 20 August 1969 and the first award of the Army Good Conduct Medal for the period 9 April 1968 through 20 November 1969.

2. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Silver Star, the Purple Heart, the Army Commendation Medal with First Oak Leaf Cluster with "V" Device, the Vietnam Service Medal, the Vietnam Campaign Medal, the Good Conduct Medal, 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:

SP_____ WTM____ TAP____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Shirley Powell_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088654
SUFFIX
RECON
DATE BOARDED	20030909
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.