PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2000                   
	DOCKET NUMBER:   AR2000043029

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 he be awarded the Purple Heart 1st oak leaf cluster and, in effect, that his Bronze Star Medal (BSM) with “V” device be upgraded to the Silver Star.  With regard to award of the Silver Star, the applicant has not exhausted his administrative remedies and has been advised by separate correspondence to submit a recommendation for award of the Silver Star under the provisions of Title 10, U. S. Code, section 1130.

3.  The applicant states, in effect, that he was recommended for the Silver Star for action on 15 January 1969, during which action he was wounded.

4.  The applicant’s military records show that after having had prior service, he reenlisted in the Regular Army on 6 March 1968.  (He had been awarded the Army Good Conduct Medal during his first term of service.)  He arrived in Vietnam on 23 June 1968 and performed duties as a gunner and squad leader, 11C with Company B, 3d Battalion, 1st Infantry, 11th Infantry Brigade.

5.  General Orders 7718, Headquarters, Americal Division dated 2 October 1968 awarded the applicant the Purple Heart for wounds received in action on           11 September 1968.  General Orders 1734, Headquarters, Americal Division dated 13 March 1969 awarded the applicant the BSM with “V” Device for action on 15 January 1969.  The citation on the orders noted that he had been wounded by an enemy grenade.  General Orders 3626, Headquarters, Americal Division dated 19 May 1969 awarded the applicant the Air Medal.  General Orders 12495, Headquarters, Americal Division dated 10 December 1969 awarded the applicant the BSM for service.  (The orders should have read BSM, 1st oak leaf cluster.)  He departed Vietnam on 12 June 1969.

6.  On 5 December 1969, the applicant was honorably discharged for the purpose of accepting a commission.  Apart from service medals, his DD Form 214 listed only one Purple Heart and his BSM with “V” device.

7.  On 14 July 1971, the applicant was released from active duty.  Apart from service medals, his DD Form 214 listed only one Purple Heart.

8.  Authorization for Issuance of Awards, DA Form 1577, dated 9 October 1971 shows the applicant was authorized the Republic of Vietnam Gallantry Cross with Palm.  DA Form 1577 dated 19 December 1997 shows he was authorized the Combat Infantryman Badge.

9.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart 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.

CONCLUSIONS:

1.  The Board concludes that the citation on the General Orders awarding the applicant the BSM with “V” device is sufficient evidence to show he met the criteria for award of the Purple Heart 1st oak leaf cluster.

2.  The Board also notes that several authorized awards and decorations are not listed on the applicant’s DD Forms 214 for the periods ending 5 December 1969 and 14 July 1971.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  awarding the applicant the Purple Heart 1st oak leaf cluster;

     b.  amending the applicant’s DD Form 214 for the period ending 5 December 1969 by adding the Air Medal, the Purple Heart 1st oak leaf cluster, the Army Good Conduct Medal, the Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm and by amending the entry “BSM/VALOR” to read BSM with V Device and with 1st oak leaf cluster; and

     c.  amending the applicant’s DD Form 214 for the period ending 14 July 1971 by adding the BSM with “V” device and with 1st oak leaf cluster, the Air Medal, the Purple Heart 1st oak leaf cluster, the Army Good Conduct Medal, the Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm.

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

BOARD VOTE:  

__hof___  __jpi___  __rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Hubert O. Fry, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043029	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.