PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                16 June 1999
	DOCKET NUMBER:        AR1998012553

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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.

2.  The applicant requests correction of his records to show award of the Combat Infantryman Badge (CIB), Bronze Star Medal with “V” Device, the Purple Heart and the Air Medal.

3.  The applicant states that General Orders 6605 have the wrong service number on them and was the service number of another soldier in his unit.  The applicant also submitted the DD Form 214 (Report of Transfer or Discharge) of a fellow soldier in his unit in Vietnam at the same time and contends that he should have received the same awards as this fellow soldier.  In support of his application, he submitted statements from three fellow soldiers with their DD Forms 214, four letters from former unit members in the applicant’s unit in Vietnam, nine casualty reports, and one medical document (Progress Report) entry, dated 22 January 1992 and prepared at a VA clinic, which states that the applicant was injured “while jumping dikes – landing on knees (60’s) pain at that time”.

4.  The applicant’s military records show that he was inducted on 1 March 1968 and completed training as an infantryman.  He served in Vietnam for almost 10 months and was honorably discharged on 4 March 1970.

5.  The applicant’s DD Form 214 which was issued at the time of his separation from the Army indicates in item 30 (Remarks) that he was separated from the service on the basis of temporary records and soldier’s affidavit.  This DD Form 214 shows the applicant served 9 months and 23 days in Vietnam, but no specific dates.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the entries “National Defense Service Medals  Vietnam Service Medal  Vietnam Campaign Medal  Army Commendation Medal w/3 Oak Leaf Cluster  4 Air Medal  One Oversea Bar”.

6.  The applicant previously submitted an application to the Board in which he requested award of the CIB and the Bronze Star Medal.  That application was acted upon by the Board on 23 September 1998.  The Board determined that the applicant was entitled to the CIB, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  Accordingly, his DD Form 214 was amended by a DD Form 215 (Correction to a DD Form 214), dated 10 December 1998.  As a result, these awards are not discussed further in this proceeding.

7.  During the processing of this latter request, the analyst discovered substantial discrepancies between the applicant’s DD Form 214 and evidence of record in his reconstituted file attributable to the fact he was separated on temporary records on 4 March 1970.  Therefore, this proceeding addresses all of the awards to which the applicant is entitled and which he has requested.

8.  Based on the applicant’s service, he is entitled to the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and one Oversea Bar as shown on his DD Form 214 with an effective date of 4 March 1970.

9.  The Army Commendation Medal with 3 Oak Leaf Clusters and 4 Air Medal shown on the DD Form 214 with an effective date of 4 March 1970 are incorrect entries based on documentation provide by the Awards Branch of the Total Army Personnel Command and documentation in the applicant’s records.  

10.  The applicant received the Army Commendation Medal for outstanding achievement from 14 September 1968 to 15 March 1969 by 9th Infantry Division General Orders Number 4154, dated 7 April 1969.  He received the Army Commendation Medal with “V” Device (First Oak Leaf Cluster) for heroism in connection with military operations against an armed enemy in Vietnam on 9 April 1969.  There is no other evidence of record to show that the applicant received any additional awards of the Army Commendation Medal or the Army Commendation Medal with 3 Oak Leaf Clusters.

11.  The applicant received the first award of the Air Medal for the period 7 November 1968 to 15 January 1969 based on 9th Infantry Division General Orders Number 989, dated 28 January 1969.  He received the second award of the Air Medal for the period 22 January 1969 to 10 March 1969 based on 9th Infantry General Orders Number 4039, dated 5 April 1969.  The applicant’s service number appearing on these orders is US50013726, and his Social Security Account Number (SSAN) is listed as ellow soldiers provided a copy of 9th Infantry Division General Orders Number 6605 showing the name “KAU KAI” with the service number “” and the entry “(SSAN NAVAL)” [SSAN not available].  This order authorized award of the Air Medal (3rd Oak Leaf Cluster) for the period 7 November 1968 to 2 May 1969.  The applicant’s records contain a copy of 9th Infantry Division General Orders Number 8286, dated 3 July 1969, which awarded the applicant the Air Medal (4th Oak Leaf Cluster) for the period 7 November 1968 to 9 June 1969.

12.  There is no evidence of record which shows that the applicant was recommended for the Bronze Star Medal with “V” Device.  His DD Form 214, which is authenticated in his own hand, does not show this award.  There are no orders in his records showing entitlement to the Bronze Star Medal with “V” Device.  A review of unit General Orders does not show the applicant received the Bronze Star Medal with “V” Device.

13.  There is no evidence of record which shows that the applicant was awarded the Purple Heart.  His DD Form 214, which is authenticated in his own hand, does not show award of the Purple Heart.  There also is no evidence of record which shows that he was wounded or treated for wounds as a result of hostile action.  An undated letter from a fellow soldier states that the applicant was wounded in the leg and was told to get on a medical evacuation helicopter, but refused.

14.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.  The numeral 2 denotes the second award.)

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

17.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

18.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Army Commendation Medal.

CONCLUSIONS:

1.  Based on review of the applicant’s entire record, evidence shows that he is entitled to the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and one Oversea Bar, the CIB, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  Orders show that the applicant was awarded the Army Commendation Medal for outstanding achievement and received a second award of the Army Commendation with “V” Device.  There is no evidence the that the entry on his DD Form 214 showing “Army Commendation Medal with 3/Oak Leaf Cluster” is valid.  Therefore, he is entitled to correction of his records to show the entry Army Commendation Medal with “V” and with one Oak Leaf Cluster.

2.  Notwithstanding errors in the authorizing General Orders, it is evident that the applicant received the Air Medal with 4 Oak Leaf Clusters, which under regulation in effect at the time equates to a total of five awards of the Air Medal.  Therefore, the applicant is entitled to correction of his records to show award of the Air Medal with Numerals 2 through 5 as prescribed under current regulations. 

3.  There is no evidence the applicant was recommended for or was awarded the Bronze Star Medal with “V” Device.  Therefore, he is not entitled to correction of his records to show this award.

4.  There is no evidence the applicant was awarded the Purple Heart.  There also no evidence that he was wounded or treated for wounds resulting from hostile action.  The undated statement by the fellow soldier which indicates the applicant was wounded in Vietnam is not sufficient as a basis for award of the Purple Heart.  The medical document entry, dated 22 January 1992, does not indicate that the applicant was wounded or injured as a result of hostile action, and as such it is not sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is not entitled to award of the Purple Heart.

5.  The Board noted the applicant’s contention that he should have received the same awards which were received by fellow soldiers in his unit.  However, the Board rejects this contention because awards are recommended and approved individually based on facts at the time in question.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing a new DD Form 214 to the individual concerned showing that the individual concerned is entitled to the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, one Oversea Bar, the CIB, the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation, the Army Commendation Medal with “V” Device and with one Oak Leaf Cluster, and the Air Medal with Numerals 2 through 5.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

JMA____  MHM____  ALR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James M. Alward_______
		CHAIRPERSON

INDEX

CASE ID	AR1998012553	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990616	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700304	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.