PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 October 2003
         DOCKET NUMBER: AR2003088893


         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. Kathleen A. Newman		Chairperson
Mr. Lester Echols		Member
Mr. John T. Meixell		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 Purple Heart.

3. The applicant states that he was wounded in action and spent weeks in the 85th Evacuation Hospital. He contends that he never received the Purple Heart or orders for the award. In support of his application, he submits a letter, dated 20 March 1966, from the Commanding General of the 1st Brigade, 101st Airborne Division, acknowledging his combat wounds.

4. The applicant’s military records show that he enlisted on 8 June 1964 for a period of 3 years. He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 502nd Infantry in Vietnam from 8 July 1965 through
25 June 1966. On 10 June 1967, the applicant was released from active duty in the rank of sergeant after completing 3 years and 3 days of creditable service with no lost time.

5. The applicant’s DD Form 214 shows the Parachutist Badge, the Combat Infantryman Badge, the Vietnam Service Medal, the Army Commendation Medal, and the National Defense Service Medal as authorized awards.

6. There are no orders for the Purple Heart in the applicant’s service personnel records. However, item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was wounded on 19 March 1966 from a landmine explosion and received wounds to his face and eyes.

7. The Vietnam Casualty Roster also shows the applicant was wounded in action on 19 March 1966.

8. 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.

9. The applicant’s service personnel records show that he participated in two campaigns during his assignment in Vietnam.

10. 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 Presidential Unit Citation for actions on 18 and 19 September 1965 by Department of the Army General Orders Number 20, dated 1967.

11. Department of the Army Pamphlet 672-3 shows the applicant’s unit was cited for award of the Valorous Unit Award for actions during the period
17 January to 25 March 1966 by Department of the Army General Orders Number 1, dated 1969.

12. Department of the Army Pamphlet 672-3 shows the applicant’s unit was cited for award of the Meritorious Unit Commendation for actions during the period 25 July 1965 to 1 October 1966 by Department of the Army General Orders Number 1, dated 1969.

13. Department of the Army General Number Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

14. 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.

15. 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.

16. 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.

17. 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.

CONCLUSIONS:

1. The applicant was wounded in action on 19 March 1966 in Vietnam. Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show award of the Purple Heart.

2. The Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of three years of service from 8 June 1964 through 7 June 1967. Therefore, the applicant's DD Form 214 should be corrected to show this award.

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

4. The applicant’s unit was cited for award of the Presidential Unit Citation, the Valorous Unit Award, and the Meritorious Unit Commendation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show these unit awards.

5. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam. This unit award should also be added to his DD Form 214.

6. The applicant served a period of qualifying service in Vietnam for award of the Vietnam Campaign Medal. Therefore, his DD Form 214 should be corrected to show this medal.

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

RECOMMENDATION:

1. That the applicant be awarded the Purple Heart for wounds received in action on 19 March 1966 in Vietnam.

2. That the applicant be awarded the first award of the Good Conduct Medal for the period 8 June 1964 through 7 June 1967.
3. 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, the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Campaign Medal.

BOARD VOTE:

KAN____ LE_____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Kathleen A. Newman__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088893
SUFFIX
RECON
DATE BOARDED	20031002
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.