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ARMY | BCMR | CY2006 | 20060000955C070205
Original file (20060000955C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 OCTOBER 2006
      DOCKET NUMBER:  AR20060000955


      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. James Gunlicks                |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Scott Faught                  |     |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, Combat Medical Badge
(CMB), and the Bronze Star Medal (BSM).  Additionally, he requests that his
social security number be listed on his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

2.  The applicant explained that during 1969 the Army converted from
service numbers to social security numbers.  He said he was missing records
and or orders awarding him the Purple Heart, CMB, and the BSM.  He also
said that during the time frame of the awards, he was in the hospital at
the 91st Evacuation Hospital, Chu Lai, Republic of Vietnam, and was later
transferred to Cam Rahn Bay Recuperation Center to recover from wounds,
hepatitis and malaria.

3.  The applicant provides copies of his DD Forms 214, orders, supporting
statements, and a copy of a photograph.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration.  In the absence of a proper award authority for this
decoration, the applicant may request award of the Bronze Star Medal under
the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this decoration under Section 1130 and, as a result, it
will not be discussed further in the Record of Proceedings.

2.  The applicant’s DD Forms 214, dated 6 October 1969 and 6 April 1970,
list his correct social security number.  Therefore, it will not be
discussed further in the Record of Proceedings.

3.  Records show the applicant enlisted in the Regular Army on 18 April
1968.  The applicant served in the Republic of Vietnam from 6 May 1969 to 4
April 1970.  While in Vietnam, the applicant was assigned to Headquarters
and Headquarters Company, 4th Battalion, 31st Infantry, 196th Brigade, 44th
Medical Brigade, and the 91st Evacuation Hospital.  He was honorably
discharged on       6 April 1970.

4.  The applicant provided several supporting statements from comrades
during his service in Vietnam that verify that he was a combat medic.
5.  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 or the CMB.  The applicant's
military service records do not contain any general orders awarding him the
Purple Heart.

6.  The applicant's name is listed on the Vietnam Casualty Roster.  The
roster verified that the applicant was wounded by hostile force on 28
August 1969.

7.  Headquarters Americal Division Special Orders Number 263, dated
20 September 1969, show that the applicant was awarded the CMB.

8.  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.

9.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that is not shown on this form

10.  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 4th Battalion, 31st
Infantry, during the period that the applicant was assigned, was cited for
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm by
Department of the Army General Orders Number 6, dated 1974.

11.  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 the following campaigns:
Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69
Counteroffensive, and Vietnam Summer-Fall 1969.




DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster shows the applicant was wounded by hostile
force on 28 August 1969.  Therefore, based on the evidence provided, he is
entitled to award of the Purple Heart.

2.  The CMB orders are sufficient evidence to correct the applicant’s
records to show this award.

3.  Evidence of record shows that the applicant is entitled to award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore,
the applicant is entitled to correction of his records to show this award.

4.  The evidence also shows that the applicant participated in four
campaigns during his service in Vietnam.  Therefore, the applicant 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:

__JG  ___  __MF ___  ___SF__  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 awarding him the Purple Heart for wounds sustained on 28 August
1969;

      b.  by showing he was awarded the CMB; and





      c.  by showing he is entitled to the award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and four bronze service stars to be
affixed to his already-awarded Vietnam Service Medal.




                                  _____James Gunlicks_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000955                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061005                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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