PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            1 March 2001
	DOCKET NUMBER:   AR2000050454

	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. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar.		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 Bronze Star Medal, the Army Commendation Medal, the Air Medal, the Purple Heart, and unit awards to which he is entitled.

3.  The applicant states, in effect, that these awards were inadvertently omitted from his discharge document.

4.  The applicant’s military records show that he entered active duty on 12 January 1970 and completed training as a light weapons infantryman.  He served in Vietnam from 25 July 1970 to 16 April 1971 in the 25th Infantry Division and from 17 April to 23 July 1971 as a member of the 101st Airborne Division. The applicant was honorably released from active duty on 18 November 1971. 

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show entitlement to the Bronze Star Medal, the Army Commendation Medal, the Air Medal, the Purple Heart, or any unit awards.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal.  However, the applicant provided a copy of an award certificate which shows that he was awarded the Bronze Star Medal for meritorious achievement during the period July 1970 to May 1971 while a member of the 101st Airborne Division.

7. The applicant’s records contain II Field Force Vietnam General Orders 929, dated 24 March 1971, which awarded him the Army Commendation Medal for meritorious achievement during the period 24 July 1970 to 24 December 1970 while he was a member of the 25th Infantry Division.

8.  The applicant’s records contain II Field Force Vietnam General Orders 689, dated 14 March 1971, which awarded him the Air Medal for the period 10 August 1970 to 5 November 1970 while he was a member of the 25th Infantry Division.

9.  There are no orders in the applicant’s records which show that he was awarded the Purple Heart.  The applicant’s records contain correspondence and medical records which show that the applicant was wounded in Vietnam on 17 October 1970.  The applicant provided a copy of an award certificate, dated 6 June 1986, which shows that he received the Purple Heart for wounds sustained in Vietnam on 17 October 1970. 

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 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.

11.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

12.  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. 

13.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. 

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.

CONCLUSIONS:

1.  The applicant received the Bronze Star Medal for meritorious achievement for the period July 1970 to May 1971 while a member of the 101st Airborne Division and the Army Commendation Medal for meritorious achievement for period 24 July 1970 to 24 December 1970 while a member of the 25th Infantry Division. The Board notes that these awards for meritorious achievement overlap.  

2.  Upon review, the Board concluded that the Bronze Star Medal awarded by the 101st Airborne Division was clearly intended as an award for service covering the entire period of the applicant’s assignment in Vietnam as a member of the 25th Infantry Division and the 101st Airborne Division.  Therefore, the applicant is entitled to both awards as an exception to regulation governing overlapping awards for achievement and correction of his records to show both the Bronze Star Medal and the Army Commendation Medal. 

3.  Orders show the applicant was awarded the Air Medal; therefore, he is entitled to correction of his records to show this award.

4.  Evidence of record shows that the applicant was wounded as a result of enemy action on 17 October 1970 and was awarded the Purple Heart for these wounds on 6 June 1986.  Therefore, he is entitled to correction of his records to show award of the Purple Heart.

5.  Orders show the applicant was entitled to 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.

6.  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 showing the individual concerned was awarded the Bronze Star Medal, the Army Commendation Medal, the Air Medal, the Purple Heart, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

___JHK__  __CLG__  __RTD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mr. John H. Kern___
		        CHAIRPERSON

INDEX

CASE ID	AR2000050454	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010301	
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.