PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            23 November 1999                  
	DOCKET NUMBER:   AR1999016092

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Orville W. Troesch, Jr.		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 that his records be corrected to show he was awarded two Purple Hearts (PH) and two Bronze Star Medals (BSM) with “V” device.

3.  The applicant states that he was a combat medic in Vietnam and was wounded twice.  In addition he should be entitled to two BSMs with “V” device for working on wounded personnel while wounded himself.

4.  Counsel contends that based on the merits of the case, the applicant should be granted relief.

5.  The applicant's military records show that he was inducted into the Army on 21 July 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).

6.  The applicant arrived in Vietnam on 29 December 1967 and was assigned to 2d Battalion, 12th Infantry, 25th Infantry Division.  His DA Form 20, Personnel Qualification Record shows he was wounded on 9 February 1968 with a missile wound to the right leg, reassigned to the 106th General Hospital, Japan on         22 March 1968 and reassigned to Medical Holding Company, Fitzsimons General Hospital on 18 March (sic) 1968.  He was subsequently assigned to the Medical Company, Fitzsimons General Hospital and was released from active duty on 5 June 1969.

7.  General Orders 3081, dated 20 April 1968, Headquarters 25th Infantry Division contains two sections, the first section is for award of the PH and the second section is for award of the PH (first oak leaf cluster).  These orders award the applicant the PH (first oak leaf cluster) for wounds received 4 February 1968.

8.  There is no evidence of record to show the applicant was awarded the BSM with or without the “V” device.

9.  The applicant’s service medical records are not available.

10.  Army Regulation 600-8-22, in pertinent paragraph, establishes that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  The PH, however, differs from all other decorations in that an individual is not “recommended” for the decoration; rather, he or she is entitled to it upon meeting specific criteria.  The PH is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  The “V” device is worn to denote participation in acts of heroism involving conflict with an armed enemy.

12.  Department of the Army Pamphlet 672-3 shows the 2d Battalion, 12th Infantry was awarded the Republic of Vietnam Cross of Gallantry with Palm for the period 1 August 1967 – 31 August 1968, the Republic of Vietnam Civil Actions Honor Medal First Class for the period 1 August 1967 – 21 January 1970 and the Valorous Unit Award for the period 31 January – 19 February 1968.

13.  The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

CONCLUSIONS:

1.  The evidence of record shows the applicant is entitled to award of the Republic of Vietnam Cross of Gallantry with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class and the Valorous Unit Award.

2.  General Orders 3081 dated 20 April 1968 appear to be in error.  They award the applicant the PH (first oak leaf cluster) for a date prior to the date of wound shown on his DA Form 20.  Without the applicant’s service medical records, the Board cannot determine how these orders should have read -- award of the PH (basic) for wounds received on 4 February 1968 and he subsequently should have been awarded the PH (first oak leaf cluster) for wounds received on            9 February 1968 or if they should have read award of the PH (basic) for wounds received on 9 February 1968 with no subsequent award of the PH.  The Board is reluctant to change his DD Form 214 to show award of two PHs without considering corroborating evidence.
3.  There is no evidence of record to show the applicant was awarded the Bronze Star Medal with “V” device and he has not provided any.  If he feels he should have been awarded the BSM with “V” device, a reconstructed award recommendation must be prepared.  DA Form 638 (Recommendation for Award) must be completed with information pertaining to him and his unit of assignment during the period(s) for which he feels he should be recognized.  A narrative of the action for which he is being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation.  The request(s), which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDA, 200 Stovall Street, Suite 7S07, Alexandria, VA  22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Republic of Vietnam Cross of Gallantry with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class and the Valorous Unit Award.

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

BOARD VOTE:  

__sac___  __gdp___  __owt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Samuel A. Crumpler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016092	
SUFFIX		
RECON		
DATE BOARDED	19991123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.		
4.		
5.		
6.