PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 September 2003
         DOCKET NUMBER: AR2003089065


         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. Raymond V. O'Connor		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Frank C. Jones		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 records to show two awards of the Purple Heart, award of the Bronze Star Medal with “V” Device, the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation.

3. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not include medals awarded to him in Vietnam. Specifically, he contends that a General Officer presented him with these medals but they are not on his DD Form 214. On his VA Form 21-4138 (Statement in Support of Claim) he contends that he was wounded twice, once on 5 November 1967 and once on 14 November 1967. He also states that a General Officer presented him with the Purple Heart and the Bronze Star Medal with “V” Device.

4. The Board noted the applicant’s request for award of the Bronze Star Medal with “V” Device. However, the applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code. He has been notified by separate correspondence regarding submission of a recommendation for award of the Bronze Star Medal with “V” Device under this provision of law. As a result, award of the Bronze Star Medal with “V” Device requested by the applicant is not discussed further in these Proceedings.

5. In support of his application the applicant provided a VA Form 21-4138, copy of his DD Form 214, a copy of a 20 October 1978 letter from a Florida Veterans Service Officer to the National Personnel Records Center, an undated statement from a soldier who served with the applicant in Vietnam, a Standard Form 502 (Clinical Record), Standard Form 600 (Chronological Record of Medical Care), a Purple Heart Award Certificate and a Department of Veterans Affairs explanation of the applicant’s disability rating.

6. The applicant’s military records show that he initially served in the Army National Guard of the State of Georgia as an armor crewman. On 30 June 1966, the applicant was inducted and was assigned to an armor unit in Germany. He was subsequently assigned to Vietnam on 31 March 1967 and served there until 19 March 1968. The applicant was honorably separated from active duty on 28 June 1968.

7. 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 and the Good Conduct Medal.

8. The applicant’s DD Form 214 does not show the award of the Purple Heart, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, or Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation.

9. The applicant provided an award certificate for the Purple Heart dated 9 November 1967, which shows that he was wounded on 5 November 1967. However, there are no General Orders in the applicant’s service personnel records awarding him the Purple Heart.

10. The applicant’s DA Form 20 (Enlisted Qualification Record) shows in Item 40 (Wounds) that he sustained fragmentation wounds to the left hand, on the left side of his face, right leg and stomach, and right hand on 5 November 1967. Additionally, the Vietnam Casualty Roster lists the applicant as wounded in action on 5 November 1967.

11. The applicant’s records contain no evidence, which shows that the applicant was wounded in action or received the Purple Heart for wounds sustained on 14 November 1967. The applicant provided two medical records showing hospital admission on 14 November 1967 and discharge on 26 November 1967. However, both records refer to wounds sustained on 5 November 1967.

12. There are no Special Orders in the applicant’s service personnel records awarding him the Combat Infantryman Badge. Item 41 of his DA Form 20 does not show award of the Combat Infantryman Badge. The applicant’s DA Form 20 does not show award of an Infantry military occupational specialty (MOS) or service in an infantry duty position in an infantry unit.

13. The applicant’s DA Form 20 does not show award of the Vietnam Service Medal. However, item 39 (Campaign) of this document shows that he participated in two campaigns. Review of Annex B, Army Regulation 600-8-22 (Military Awards) shows that he participated in three campaigns during his service in Vietnam.

14. The applicant’s records do not show an entitlement to the Republic of Vietnam Campaign Medal. However, his records show that he served for approximately one year in Vietnam.

15. 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 (Unit Citation and Campaign Credit Register) lists the unit awards received during the Vietnam War. This document shows that his unit, Troop A, 3rd Squadron 5th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order 43, dated 1970.
16. The Board noted that the applicant is entitled to the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214.

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the applicant’s unit, Troop A, 3rd Squadron 5th Cavalry, was awarded the Valorous Unit Award for actions on 31 January 1968 in the Republic of Vietnam based on Department of the Army General Order 5, dated 1969.

18. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the applicant’s unit, Troop A, 3rd Squadron 5th Cavalry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order 43, dated 1970.

19. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the applicant’s unit, Troop A, 3rd Squadron 5th Cavalry, was awarded the Presidential Unit Citation for action on 19-20 March1967. However, evidence of record shows that the applicant was not assigned until to this unit 31 March 1967.

20. 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.

21. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

22. 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.

23. 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.

24. 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 with 1960 device.

25. 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.


CONCLUSIONS:

1. Evidence of record shows that the applicant was wounded as a result of hostile action in Vietnam on 5 November 1967. Therefore, he is entitled to the award of the Purple Heart and correction of his records to show this award.

2. The Board considered the applicant’s request for a second award of the Purple Heart for wounds sustained on 14 November 1967. The Board reviewed the medical document submitted by the applicant which he contends shows he was wounded on 14 November 1967. However, the Board noted that these medical documents showed treatment for wounds sustained on 5 November 1967. In the absence of evidence showing the applicant was wounded and treated for wounds sustained on as a result of hostile action on 14 November 1967, there is insufficient evidence upon which to base a second award of the Purple Heart to the applicant.

3. The Board considered the applicant’s request for award of the Combat Infantryman Badge. The Board determined the applicant possessed the MOS of an armor crewman. The Board also noted that the applicant did not serve in an infantry unit or infantry duty position during his service in Vietnam. Therefore, the board concluded that the applicant was not eligible for or otherwise entitled to award of the Combat Infantryman Badge.

4. The Board considered the applicant’s request for award of the Vietnam Service Medal. The Board noted that the applicant served in Vietnam from 31 March 1967 until 19 March 1968. Based on this service, he is entitled to the award of the Vietnam Service Medal. Further, the Board determined that in view of his participation in three campaigns the applicant should be awarded the Vietnam Service Medal with three bronze service stars.

5. Based on the applicant’s service in Vietnam, which exceeded six months, the Board determined the applicant is entitled to the award of the Vietnam Campaign Medal with 1960 device and correction of his records to show this foreign award.

6. The Board considered the applicant’s request for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. General Orders show the applicant was assigned to a unit that was cited for this foreign unit award. 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.

7. Department of the Army General Orders show that the unit to which the applicant was assigned, Troop A, 3rd Squadron, 5th Cavalry, was cited for award of the Valorous Unit Award. Therefore, he is entitled to award of the Valorous Unit Award and correction of his record to show this award.

8. Department of the Army General Orders show that the unit to which the applicant was assigned, Troop A, 3rd Squadron, 5th Cavalry, 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 and correction of his record to show this award.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the applicant’s unit, Troop A, 3rd Squadron 5th Cavalry, was awarded the Presidential Unit Citation for action on 19-20 March1967. However, evidence of record shows that the applicant was not assigned to this unit until 31 March 1967. Therefore, he is not entitled to the award of the Presidential Unit Citation.

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


RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for wounds sustained in action on 5 November 1967, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with 1960 device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2. That so much of the application as pertains to a second award of the Purple Heart, the Combat Infantryman Badge, and the Presidential Unit Citation be denied.

BOARD VOTE:

__RVO__ ___BJE__ ___FCJ_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Mr. Raymond V. O'Connor
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089065
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030904
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR. SCHNEIDER
ISSUES 1.	107.0015.0000
2.	107.0111.0000
3.
4.
5.
6.