PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 January 2001
	DOCKET NUMBER:   AR2000047091

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 and one award of the Silver Star.

3.  The applicant states that he has received one award of the Purple Heart and the Bronze Star Medal and records that show he was to receive these honors, but they have not been added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show he was inducted on 20 September 1967 and completed training as light weapons infantryman.  He served in Vietnam from 16 March 1968 to 15 September 1968.  The applicant was honorably discharged from active duty on 19 September 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training).

5.  The applicant’s DD Form 214 does not show the Purple Heart, the Bronze Star Medal or the Silver Star as authorized awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) shows the entry “GSW [gunshot wound] NECK 25 Jul 68” in item 40 (Wounds), but does not list the Purple Heart in item 41 (Awards and Decorations).

7.  The applicant’s records contain a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 15 September 1968 which shows that he was wounded by enemy small arms fire (AK-47 Rifle) near Cu Chi Republic of Vietnam at 0900 hours on 25 July 1968.  There is no evidence in the applicant’s records that he was wounded at any other time during his assignment in Vietnam, and his name only appears once on the Vietnam Casualty Roster for wounds sustained on 25 July 1968.

8.  The applicant’s records contain 101st Airborne Division General Orders 100, dated 7 January 1969, which awarded him the Bronze Star Medal for meritorious service from 1 April 1968 to 30 November 1968.  This award is not shown on the applicant’s DD Form 214.

9. The applicant’s records contain 101st Airborne Division General Orders 1622, dated 18 February 1969, which awarded him the Army Commendation Medal for meritorious achievement from 1 May 1968 to 30 September 1968.  This award is not shown on the applicant’s DD Form 214.

10.  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 does not show any entry for award of the Silver Star in item 41 (Awards and Decorations).

11.  The Board noted that the applicant’s records do not show any unit awards.  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.

12.  Department of the Army Pamphlet 672-3 also shows the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period 16 March 1968 to 22 March 1968 by Department of the Army General Orders Number 5, dated 1969. 

13.  Department of the Army Pamphlet 672-3 also shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for the period 14 March 1968 to 30 October 1968 by Department of the Army General Order 22, dated 1976.

14. Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

15.  Army Regulation 600-8-22 (Military Awards) 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.

16.  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.  Medical records show that the applicant was wounded as a result of hostile action on 25 July 1968 in Vietnam.  Therefore, he is entitled to award of the Purple Heart for wounds sustained in Vietnam on 25 July 1968 and correction of his records to show award of the Purple Heart.  

2.  The Board reviewed the applicant’s contention that he was entitled to two awards of the Purple Heart.  However, there is no evidence that the applicant was wounded two times as a result of hostile action during his assignment in Vietnam.  In the absence of medical records or other official records which show that the applicant was wounded twice in Vietnam as a result of hostile action, the applicant is not entitled to a second award of the Purple Heart.

3.  The applicant’s records contain orders for award of the Bronze Star Medal for meritorious service and for award of the Army Commendation Medal for meritorious achievement.  Therefore, he is entitled to correction of his records to show award of the Bronze Star Medal and award of the Army Commendation Medal.

4.  The Board considered the applicant’s contention that he was entitled to award of the Silver Star.  The Board noted that there was no evidence that the applicant was recommended for or awarded the Silver Star.  In the absence of orders or other official records showing the applicant was recommended for or awarded the Silver Star, he is not entitled to award of the Silver Star.

5.  Orders show that, while the applicant was assigned to the 3d Battalion of the 187th Infantry, it was cited for award of the Presidential Unit Citation, award of the Valorous Unit Award, and award of the Meritorious Unit Commendation.  Therefore, the applicant is entitled to correction of his records to show these unit awards.

6.  Orders shows that, while the applicant was assigned to the 3d Battalion of the 187th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

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 awarding the individual concerned the Purple Heart for wounds sustained as a result of hostile action in Vietnam on 25 July 1968 and correcting his records to show award of the Purple Heart;

	b.  by correcting his records to show award of the Bronze Star Medal and the Army Commendation Medal; and 

	c.  by correcting his records to show award of the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

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

BOARD VOTE:  

__ENA__  __MDM__  __CSG__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Mr. Mark D. Manning__
		        CHAIRPERSON

INDEX

CASE ID	AR2000047091	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010109	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.