PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 December 2000
	DOCKET NUMBER:   AR2000047343

	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. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest W. Lutz, Jr.		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 award of the Distinguished Service Cross, a second award of the Purple Heart, and award of the Meritorious Unit Commendation or the Presidential Unit Citation and, in effect, any other individual or unit awards to which he is entitled.

3.  The applicant states, in effect, that he has provided orders for his award of the Distinguished Service Cross and his second award of the Purple Heart.  He also states that he should be entitled to some unit awards, the “Vietnam Service Ribbon” and a third award of the Purple Heart.

4.  The applicant’s military records show that he was inducted on 2 October 1967 and completed training as a light weapons infantryman.  He served in Vietnam from October 1968 through September 1969.  The applicant was honorably separated from the Army on 18 September 1969.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entries:  “NATIONAL DEFENSE SERVICE MEDAL  COMBAT INFANTRY BADGED  PURPLE HEART  VIETNAM CAMPAIGN MEDAL  SILVER STAR MEDAL  TWO OVERDEAS BARS  EXPERT M-14 & M-16 & M-60  PARACHUTE BADGE  BRONZE STAR MEDAL”.

6.  The applicant’s DD Form 214 was amended by a DD Form 215 (Correction to DD Form 214), dated 7 August 1995, which added the entries:  “DISTINGUISHED SERVICE CROSS/PURPLE HEART FIRST OAK LEAF CLUSTER”.

7.  The applicant contends that his records do not show the Vietnam Service Medal or any unit awards.  Review of pertinent Army regulations and pamphlets confirms the applicant’s entitlement to additional awards as discussed in paragraphs 8 through 13, below.  There is no evidence of entitlement to the Meritorious Unit Commendation or the Presidential Unit Citation as cited by the applicant or any additional United States or foreign unit awards or citations.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

9.  Army Regulation 600-8-22, 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.  Review of Appendix B reveals that the applicant participated in four campaigns during his service in Vietnam and he is therefore entitled to four bronze service stars to be worn on his Vietnam Service Medal.

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 Valorous Unit Award for actions from 1 to 22 February 1969 by Department of the Army General Orders Number 2, dated 1971.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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 5, dated 1973.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

13.  There are no orders in the applicant’s service personnel records which show that he was awarded a third Purple Heart.  There also is no evidence in his records that he was wounded three times or treated for three different wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds) that he was wounded only on 17 December 1968 and on 25 May 1969 and shows in item 41 (Awards and Decorations) that he received only two awards of the Purple Heart.

14.  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.

15.  The Board noted the award of the Silver Star authorized by 25th Infantry Division General Orders 7006, dated 20 May 1969, in item 24 of the applicant’s DD form 214.  However, United States Army Vietnam General Orders Number 2948, dated 4 August 1969, awarded the applicant the Distinguished Service Cross and superseded this award of the Silver Star Medal.

CONCLUSIONS:

1.  A DD Form 215 was issued on 7 August 1995 to show the applicant’s award of the Distinguished Service Cross and the second award of the Purple Heart (correctly shown as Purple Heart First Oak Leaf Cluster) on his DD Form 214.
2.  Evidence of record shows that the applicant is entitled to award of the Vietnam Service Medal with four bronze service stars, the Valorous Unit Award, 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 unit awards.

3.  Orders and records show the applicant was wounded two times in Vietnam as a result of hostile action and, as a result, he received two awards of the Purple Heart.  There is no evidence that the applicant was wounded a third time as a result of hostile action; therefore, he is not entitled to a third award of the Purple Heart.

4.  The Board noted that the applicant received the Silver Star as an interim award for his actions in Vietnam on 9-10 April 1969 pending approval of an award of the Distinguished Service Cross.  Further, special instructions on the General Order for the Distinguished Service Cross supersede the applicant’s award of the Silver Star.  Therefore, 25th Division General Orders Number 7006, dated 20 May 1969, will be revoked and the entry “SILVER STAR MEDAL” will be removed from item 24 of the applicant’s DD Form 214.

5.  The Board also noted the typographic errors “BADGED” and “OVERDEAS” in item 24 of the applicant’s DD Form 214.  Therefore, in addition to all other corrections, these errors will be corrected to show the words “BADGE” and “OVERSEAS”, respectively.

6.  The Board notes the numerous changes necessary to correct the applicant’s DD Form 214 and has determined that it is appropriate to void the existing DD Form 215 and show all the corrections necessary on one new DD Form 215.

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 voiding the DD Form 215, dated 7 August 1995, which amends the DD Form 214 with an effective date of 18 September 1969 of the individual concerned;

	b.  by deleting from item 24 of the DD Form 214 of the individual concerned the entries “COMBAT INFANTRY BADGED”, “PURPLE HEART”, “SILVER STAR MEDAL”, and “TWO OVERDEAS BARS”; and

	c.  by issuing him a new DD Form 215 showing the following entries to be added in item 24 of his DD Form 214:  “DISTINGUISHED SERVICE CROSS  PURPLE HEART (FIRST OAK LEAF CLUSTER)  COMBAT INFANTRYMAN BADGE  VIETNAM SERVICE MEDAL WITH 4 BRONZE SERVICE STARS  VALOROUS UNIT AWARD  REPUBLIC OF VIETNAM GALLANTRY CROSS WITH PALM UNIT CITATION  REPUBLIC OF VIETNAM CIVIL ACTIONS HONOR MEDAL FIRST CLASS UNIT CITATION  TWO OVERSEAS SERVICE BARS”.

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

BOARD VOTE:  

__JPI   __  ___EWL__  __RVO_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mr. Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000047343	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001207	
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	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.