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ARMY | BCMR | CY2006 | 20060003460C070205
Original file (20060003460C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 DECEMBER 2006
      DOCKET NUMBER:  AR20060003460


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Donald Steenfott              |     |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 two awards of the Purple Heart, two awards of
the Bronze Star Medal (BSM), and military instructor school be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

2.  The applicant states, in effect, that he received two awards of the
Purple Heart and the BSM after he was discharged from active duty.

3.  The applicant provides his DD Form 214, certificate of training,
general orders, award certificates, and a Western Union Telegram.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was inducted and
entered active duty on 17 January 1968.  The applicant served in the
Republic of Vietnam from 24 July 1968 to 23 July 1969.  While in Vietnam,
the applicant was assigned to Company B, 1st Battalion, 11th Infantry, 5th
(Mechanized) Infantry Division.  He was transferred to the United States
Army Reserve on 16 January 1970.

2.  Item 13 "Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized" on the applicant’s DD Form 214 shows he was awarded
the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign
Medal, Combat Infantry Badge, Good Conduct Medal, and Expert (Rifle).

3.  Item 25 "Education and Training Completed" on the applicant’s DD Form
214 lists basic combat training.

4.  The applicant provided a copy of a Western Union Telegram that was sent
to his parents on 19 September 1968.  The telegram stated that the
applicant was wounded in Vietnam on 17 September 1968 as a result of
hostile action.  He received a fragment wound to the left shoulder.
Additionally, an award certificate, dated 21 January 1969, showed that the
applicant was awarded the Purple Heart.  The certificate was authenticated
by the colonel in command of the 1st Infantry Brigade, 5th Infantry
Division, and bears the signature of the correct Secretary of the Army.

5.  According to an entry in item 40 (wounds) on his Department of the Army
Form 20 (Enlisted Qualification Record), the applicant sustained a shrapnel
wound to his left shoulder on 17 September 1968.

6.  The applicant provided a certificate dated 12 May 1969 that shows he
was awarded the BSM during the period 1 August 1968 to 31 March 1969 for
meritorious achievement.  Although there were no orders that confirmed this
award, the certificate was authenticated by the major general of the 101st
Airborne Division and bears the signature of the same Secretary of the Army
that awarded him his Purple Heart.

7.  Additionally, General Orders Number 12296, dated 22 September 1969,
show that the applicant was awarded the BSM (with combat Valor Device "V")
(First Oak Leaf Cluster) for heroism in ground combat on 20 May 1969.  The
certificate was dated 16 September 1969.

8.  The certificate of training, dated 21 November 1969, showed that the
applicant successfully completed "Second AIT Brigade Effective Military
Instruction Course."

9.  On 1 April 1971, the applicant's DD Form 214 was amended to add the
Purple Heart for wounds incurred on 18 May 1969.

10.  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.

11.  Army Regulation 635-5 (Personnel Separations), in effect at the time,
established standardized procedures for preparation and distribution of the
DD Form 214.  The regulation states, in pertinent part, in item 25, enter
service schools, including major courses which were successfully completed,
and military sponsored courses completed in civilian schools and colleges
during the period covered by the DD Form 214.  Additionally, for enlisted
personnel, enter installation training courses (qualification courses),
military correspondence courses, and off-duty courses the enlisted person
has completed successfully during the period covered by the DD Form 214.

12.  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 Meritorious Unit Citation or the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.

13.  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 Company B, 1st Battalion,
11th Infantry, to which the applicant was assigned, was cited for award of
the Meritorious Unit Citation by Department of the Army General Orders
Number 32, dated 1973.  The battalion was also cited for the award of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, by Department
of the Army General Orders Number 43, dated 1970.

14.  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, VI, TET 69 Counteroffensive, and Vietnam
Summer-Fall 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 20 and the Western Union Telegram verify that
the applicant was wounded by a hostile force on 17 September 1968.
Additionally, the Purple Heart Certificate is sufficient evidence to
correct his records to show this award; as a result, the applicant is
entitled to two Purple Hearts, one for this wound, and one (which has
already been added) for the wound he incurred on 18 May 1969.

2.  Evidence of record shows that the applicant was awarded a BSM for the
period August 1968 to March 1969 and a BSM with "V" device (First Oak Leaf
Cluster) for heroism on 20 May 1969.  Although there were no orders
available for the award of the first BSM, the certificate that was
authenticated by the Secretary of the Army and the fact that his subsequent
award, which contained orders, shows the "First Oak Leaf Cluster" is
sufficient evidence to correct the applicant’s records to show these
awards.

3.  The Board accepts the certificate of training as proof that the
applicant successfully completed "Second AIT Brigade Effective Military
Instruction Course."  Therefore, in the interest of justice, it would be
appropriate to correct the applicant’s records to show this course under
"Education and Training Completed" on his DD Form 214.

4.  Evidence of record shows that the applicant is entitled to the award of
the Meritorious Unit Citation and the Republic of Vietnam Gallantry Cross
Unit Citation with Palm.  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 these awards
and to show award of four bronze service stars to be worn on his Vietnam
Service Medal.

BOARD VOTE:

___LS  __  __PM ___  ___DS__  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 a second Purple Heart for wounds
sustained on 17 September 1968;


      b.  by showing he was awarded a total of two Bronze Star Medals, one
with "V" device;


      c.  by showing Second AIT Brigade Effective Military Instruction
Course in item 25 of his DD Form 214; and


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




                                  _____ Linda Simmons_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003460                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061205                                |
|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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