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ARMY | BCMR | CY2005 | 20050016077C070206
Original file (20050016077C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 AUGUST 2006
      DOCKET NUMBER:  AR20050016077


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine Taylor                |     |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.

2.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), Bronze Star Medal orders
and citation, and the Purple Heart Certificate.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant was inducted in the Regular Army on
10 May 1967.  The applicant served in the Republic of Vietnam from
17 November 1967 to 10 November 1968.  While in Vietnam, the applicant was
assigned to Company B, 1st Battalion (Mechanized), 5th Infantry, 25th
Infantry Division.  He was transferred to the United States Army Reserve on
12 February 1969.

2.  The applicant provided a copy of orders and citation that shows he was
awarded the Bronze Star Medal during the period November 1967 to
November 1968 for heroism in connection with military operations against a
hostile force.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
does not show award of the Purple Heart.  The applicant's military service
records do not contain any general orders awarding him the Purple Heart.

4.  The applicant's name is listed on the Vietnam Casualty Roster.  The
roster verified that the applicant was wounded by hostile force on 19
August 1968.
Additionally, the applicant provided his Purple Heart Certificate that
shows he was awarded the Purple Heart for wounds received in action on 19
August 1968.

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.



6.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.  The applicant's DD Form
214 does not list award of the Presidential Unit Citation, Republic of
Vietnam Gallantry Cross Unit Citation with Palm, or the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.

7.  The 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 that the 1st Battalion, 5th
Infantry, to which the applicant was assigned, was cited for award of the
Presidential Unit Citation by Department of the Army General Orders Number
82, dated 1969; the Republic of Vietnam Gallantry Cross Unit Citation with
Palm by Department of the Army General Orders Number 48, dated 1971; and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
by Department of the Army General Orders Number 9, dated 1979.

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in five campaigns during his tour of duty in Vietnam.  This
same regulation states that a silver service star will be awarded in lieu
of five bronze service stars 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 the following campaigns: Vietnam Counteroffensive Phase III, VI, V, and
VI, and TET Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster and the Purple Heart Certificate shows the
applicant was wounded by hostile force on 19 August 1968.  Therefore, based
on the evidence provided, he is entitled to the award of the Purple Heart.

2.  Evidence of record shows that the applicant is entitled to the award of
the Presidential Unit Citation, Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.  The evidence also shows that the applicant
participated in five campaigns during his service in Vietnam.  Therefore,
the applicant is entitled to correction of his records to show these awards
and to show award of a silver service star to be worn on his Vietnam
Service Medal.





BOARD VOTE:

__CG ___  __JG ___  __PT____  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 as
follows:

      a.  by showing he was awarded the Purple Heart for wounds sustained on
19 August 1968; and


      b.  by showing he is entitled to the Presidential Unit Citation,
Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a
service star to be affixed to his already awarded Vietnam Service Medal.




                                  _____Curtis Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016077                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|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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