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ARMY | BCMR | CY2005 | 20050003246C070206
Original file (20050003246C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003246


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin Meyer                  |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart (2nd Award).

2.  The applicant states that he was wounded and never received the award.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), telegram and health
records.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant was commissioned as a second lieutenant in
the Army National Guard on 3 December 1967.  The applicant served in the
Republic of Vietnam from 18 May 1968 through 17 May 1969.  He was released
on            17 June 1971 with an honorable characterization of service
from active duty.

2.  The telegram provided by the applicant notified his parents that he
(applicant) was slightly wounded in action on 29 March 1969.  The telegram
stated that the applicant received a wound to his right hip.  He was
treated and returned to duty. The applicant’s health records support his
contention.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
confirms that the applicant was awarded the Purple Heart.

4.  The applicant’s military service records do not contain any general
orders awarding him the Purple Heart.  However, the Purple Heart is listed
in awards and decorations on his DA Form 66 (Officer Qualification Record)
and the authority is listed as General Orders Number 118, dated 23 October
1968.  The applicant’s name appears twice on the Vietnam Casualty Roster.
The roster verified that the applicant was wounded by hostile force on 18
October 1968 and 29 March 1969.

5.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also states that there
is no time limit on requests for award of the Purple Heart.  A Purple Heart
is authorized for the first wound suffered, but for each subsequent award
an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.
6.  Although the applicant’s DA Form 66 lists the campaigns he participated
while in the Republic of Vietnam, he was not given credit for his
participation on his DD Form 214.

7.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in Vietnam Counteroffensive
Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase
VI, and TET 69 Counteroffensive campaigns but, no bronze service stars are
listed.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster shows the applicant was wounded by hostile
force on 18 October 1968 and 29 March 1969.  The General Orders Number 118,
dated 23 October 1968 is consistent with the first award of the Purple
Heart. Therefore, based on the evidence provided, he is entitled to the
award of the Purple Heart (1st Oak Leaf Cluster) for wounds sustained on 29
March 1969.

2.  Evidence also shows that the applicant participated in four campaigns
during his service in Vietnam.  Therefore, he is entitled to correction of
his records to show award of four bronze service stars to be worn on his
Vietnam Service Medal.

BOARD VOTE:

__SK ___  __MM  __  __LD____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__      ___  __       ___  __         _  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that the applicant was awarded the Purple Heart (1st Oak Leaf
Cluster) for wounds sustained on 29 March 1969 and four bronze service
stars to be affixed to his already awarded Vietnam Service Medal.




                                  ______Stanley Kelley________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003246                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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