PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                2 February 2000
	DOCKET NUMBER:        AR1999027724

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 two awards of the Purple Heart, one award of the Bronze Star Medal, two awards of the Air Medal and one award of the Presidential Unit Citation.

3.  The applicant states, in effect, that he earned these medals during his service in Vietnam.  He stated that he has submitted a set of orders for his second award of the Purple Heart with his application; however, the orders provided do not authorize a second award of the Purple Heart.  He contends that his first Purple Heart was awarded for wounds sustained on 16 September 1968.  The applicant stated that he has submitted a copy of orders for the Bronze Star Medal with his application and those orders were attached to his application.  He also contends that, while attached to Company C of the 3d Battalion of the 187th Infantry as a radio operator, he received two awards of the Air Medal and one award of the Presidential Unit Citation.  The applicant also contends that his platoon leader stated that he had recommended the applicant for award of the Silver Star, but the applicant stated that he had never heard whether or not it was approved.

4.  The applicant’s military records show that he entered active duty on 5 June 1967 and completed training as a light weapons infantryman.  He served in Vietnam from 4 December 1967 to 26 November 1968.  The applicant was honorably discharged on 6 June 1970.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show any awards of the Purple Heart, award of the Bronze Star Medal, any awards of the Air Medal or award of the Presidential Unit Citation as authorized awards.

6.  The applicant provided a copy of 101st Airborne Division General Orders Number 10021, dated 28 November 1968, which awarded him the Purple Heart for wounds sustained on 8 October 1968.

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart for wounds sustained on 16 September 1968.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action on or about 16 September 1968. 

8.  The applicant provided a copy of 101st Airborne Division Orders Number 9030, dated 5 November 1968, which awarded him the Bronze Star Medal for meritorious service during the period 1 January 1968 to 31 August 1968.

9.  There are no orders in the applicant’s service personnel records which show that he was awarded the Air Medal.  The applicant’s records do not contain any flight records to support award of the Air Medal and do not contain any indication that he was recommended for award of the Air Medal.  His DA Form 20 (Enlisted Qualification Record) does not list the Air Medal in item 41 (Awards and Decorations).

10.  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 the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 13 June 1968 to 23 September 1968 based on Department of the Army General Orders 38, dated 1971.

11.  There are no orders in the applicant’s service personnel records which show that he was awarded the Silver Star.  There also is no evidence in his records that he was recommended for award of the Silver Star. His DA Form 20 (Enlisted Qualification Record) does not list the Silver Star in item 41 (Awards and Decorations).

12.  The Unit Citation and Campaign Participation Credit Register shows the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period 16 to 22 March 1968 based on Department of the Army General Orders Number 22, dated 1976.

13.  The Unit Citation and Campaign Participation Credit Register shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 14 March 1968 to 3 October 1968 based on Department of the Army General Orders Number 39, dated 1970.

14.  The Unit Citation and Campaign Participation Credit Register also shows the applicant is entitled to award of the Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 43, dated 1970.

15.  The Unit Citation and Campaign Participation Credit Register also shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 48, dated 1971.

16.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

17.  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.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  Orders show the applicant was awarded the Purple Heart for wounds sustained on 8 October 1968; therefore, he is entitled to correction of his records to show this award of the Purple Heart.

2.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart for wounds sustained on 16 September 1968 or that he was wounded or treated for wounds as a result of hostile action on or about 16 September 1968.  Therefore, the applicant is not entitled to correction of his records to show two awards of the Purple Heart.

3.  Orders show the applicant was awarded the Bronze Star Medal; therefore, he is entitled to correction of his records to show this award.

4.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Air Medal.  Therefore, the applicant is not entitled to award of the Air Medal.

5.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Silver Star. Therefore, the applicant is not entitled to award of the Silver Star.

6.  Evidence of record shows the applicant is entitled to award of the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation. 

7.  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:

	a.  by showing the individual concerned was awarded the Purple Heart for wounds sustained on 8 October 1968;

	b.  by showing he was awarded the Bronze Star Medal; and 

	c.  by showing he was awarded the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Vietnam Gallantry Cross 
with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

CMF____  JEA_____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR1999027724	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/02/02	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700606	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.