PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              15 February 2000
	DOCKET NUMBER:      AR1999028059

	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.  

	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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 the second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), the Bronze Star Medal and the Silver Star.

3.  The applicant states that he was awarded his second Purple Heart in Vietnam at a location called the “Hobo Woods” where his sergeant, a lieutenant and his good friend were killed.  He also states that the Bronze Star Medal was awarded for merit which everyone received and he was told by the sergeant that he was awarded the Silver Star or was put in for one.  In support of his application, he submits a personal letter, dated 17 May 1999.

4.  The applicant’s military records show that he was inducted on 17 July 1969 and completed infantry training.  He served in Vietnam from 17 December 1969 to 10 November 1970 and was honorably discharged from active duty on 16 July 1971.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart with First Oak Leaf Cluster, the Bronze Star Medal or the Silver Star as authorized awards.  

6.  The applicant’s DD Form 214 does show one award of the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) shows he sustained a fragment wound to his neck on 11 June 1970 in item 40 (Wounds).  However, there is no evidence in his records which shows he was injured or wounded a second time as a result of hostile action in Vietnam.  

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Bronze Star Medal.  The applicant did not provide a copy of orders or an award certificate in support of his claim for this award. 

8.  There are no orders in the applicant’s personnel records which show he was awarded the Silver Star.  There is no indication in his records that he was recommended for the Silver Star.

9.  A review of the applicant’s personnel records reveal that he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 5, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

10.  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.

11.  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. 

12.  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.  Evidence of record shows the applicant was wounded on 11 June 1970 as a result of hostile action in Vietnam and was awarded the Purple Heart.

2.  Notwithstanding the applicant’s contention that he was awarded the second award of the Purple Heart in Vietnam, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action on a second occasion.  Therefore, he is not entitled to award of the Purple Heart with First Oak Leaf Cluster.

3.  There is no evidence of record, and the applicant has not provided any evidence, which shows he was recommended for or awarded the Bronze Star Medal; therefore, he is not entitled to this award.

4.  There is no evidence of record which shows that the applicant was recommended for or awarded the Silver Star. Therefore, he is not entitled to correction of his records to show this award.

5.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these awards.

6.  In view of the foregoing findings and conclusions, it would 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 showing the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of 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:  

FE______  KAK_____  RA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred Eichorn__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028059	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000215 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.