PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           13 February 2001
	DOCKET NUMBER:   AR2000043926

	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	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman		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 second award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant states, in effect, that only one award of the Purple Heart is shown on his DD Form 214 and that his DA Form 20 (Enlisted Qualification Record) shows that he was wounded twice.  In support of his request, the applicant submitted DA Form 20 and DD Form 214.

4.  The applicant’s military records show that he enlisted in the Regular Army on 29 December 1965 for 3 years.  Following all required military training, he was awarded military occupational specialty (MOS) 12B, Combat Engineer and was assigned to Fort Leonard Wood, Missouri for his first permanent duty station.

5.  The applicant was transferred to the Republic of Vietnam and served there from 2 August 1967 to 3 August 1968.  His first unit of assignment was Company C, 15th Engineer Battalion, 9th Infantry Division.  He served with this unit from 10 August 1967 to 22 February 1968 when he was transferred to Headquarters and Headquarters Company, 9th Aviation Battalion, 9th Infantry Division, where he served from 23 February 1968 to 1 August 1968.

6.  On 30 November 1968, the applicant suffered wounds to his forehead while his fire support base camp came under attack by hostile fire.  General Orders Number 7286, dated 12 December 1967, awarded the applicant the Purple Heart for his wounds.

7.  DA Form 20 shows that the applicant suffered wounds to his face and back on 17 January 1968 while still serving with the 15th Infantry Battalion.

8.  The United States Army Casualty Report shows that the applicant was placed on the list twice for wounds he received while serving in Vietnam.

9.  On 5 August 1968, the applicant was separated with an honorable discharge by reason of early separation from overseas and transferred to the United States Army Reserve.  He had 2 years, 7 months, and 7 days of creditable service.  His DD Form 214 reflects the following awards:  National Defense Service Medal, Purple Heart, and Vietnam Service Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH).  It stated that soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  It shows the applicant served in Vietnam during the following campaigns:  Vietnam Counteroffensive Phase-III (1 June 1967—29 January 1968), TET Counteroffensive (30 January 1968—1 April 1968), Vietnam Counteroffensive—Phase IV (2 April 1968—30 June 1968), Vietnam Counteroffensive—Phase V (1 July 1968—1 November 1968).

13.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation (MUC) was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

15.  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 Republic of Vietnam Civil Actions Honor Medal for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969 and the Meritorious Unit Commendation for the period 13 February 1967 to 31 January 1969, by Department of the Army General Order Number 36, dated 1969.

CONCLUSIONS:

1.  The applicant’s DA Form 20 shows that he was wounded a second time while serving in Vietnam, and the United States Army Casualty Report confirms that he was wounded twice and is entitled to a second award of the Purple Heart.

2.  The applicant is also entitled to the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal, 4 Bronze Service Stars for his Vietnam Service Medal, and 2 Overseas Service Bars for his tour of duty in Vietnam.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, correction to DD Form 214, awarding him the Meritorious Unit Citation, Republic of Vietnam Civil Actions Honor Medal, 1-Oak Leaf Cluster for his Purple Heart, 4 Bronze Service Stars, and 2 Overseas Service Bars.

BOARD VOTE:  

__jl_____  __gdp___  __dph___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2000043926	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19680805	
DISCHARGE AUTHORITY	AR 645-200	
DISCHARGE REASON	Early return from overseas	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.