PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 July 2001                   
	DOCKET NUMBER:   AR2001055719

	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. Mark D. Manning		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Gail J. Wire		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 Report of Transfer or Discharge, DD Form 214, be amended to add all his awarded decorations and that he be considered for award of one or more Purple Hearts.

3.  The applicant states that he was awarded three Army Commendation Medals (ARCOMs), one with “V” device.  He was awarded two Bronze Star Medals (BSMs), one with “V” device.  He was awarded the Joint Service Commendation Medal (JSCM).  None of these awards are listed on his DD Form 214.  He also believes he is entitled to at least two Purple Hearts.  The wording on his Gallantry Cross with Bronze Star citation indicates he was hit on two occasions.  As a medic, he treated himself.

4.  The applicant’s military records show that, after having had prior active service, he reenlisted in the Regular Army on 2 December 1954.  He served two tours in Vietnam, once from 20 October 1967 – 16 October 1968 (as a medical platoon sergeant) with the U. S. Military Assistance Command, Vietnam (USMACV) and again from 13 January 1970 – 11 January 1971 (as a medical liaison) with the 1st Battalion, 11th Armored Cavalry Regiment.  He was credited with a total of seven campaigns.

5.  The applicant was awarded the ARCOM on General Orders (GO) 46, U. S. Army Recruiting Command dated 28 November 1967.  He was awarded the ARCOM with “V” device for action on 10 September 1968 on GO 183, USMACV dated 13 January 1969.  He was awarded the ARCOM on GO 224, Headquarters, Fort Devens, MA dated 7 October 1969.

6.  The applicant was awarded the BSM on GO 3838, Headquarters, USMACV dated 13 November 1968 and the BSM with “V” device for action on                  29 September 1968 on GO 183, USMACV dated 13 January 1969.

7.  On 8 September 1968, the applicant was awarded the Gallantry Cross with Bronze Star by the Government of Vietnam.  The citation reads “When he was hit … on 20 August 1968” and “On 22 August 1968 he was hit at…”  His Enlisted Qualification Record, DA Form 20, shows that he was a patient at the U. S. Army Vietnam Patient Casual Company, 93d Evacuation from 15 – 22 June 1970 but no further indication of why he was a patient.  There is no entry in item 40 (wounds) of the DA Form 20 to show that he was wounded in action.  

8.  The applicant was awarded the JSCM on GO 53, Headquarters, U. S. Army Recruiting Command dated 19 March 1973.

9.  On 28 February 1973, the applicant was discharged for the purpose of retirement.  His DD Form 214 shows he was awarded the BSM with one oak leaf cluster and the ARCOM with one oak leaf cluster.  It does not list the JSCM.  It lists the Vietnam Service Medal but not the number of bronze service stars indicating his campaign credit.

10.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  In pertinent part, it authorizes award of a bronze service star, based on qualifying service, for each campaign listed in this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  A silver star is worn instead of five bronze service stars.

11.  Department of the Army Pamphlet 672-3 shows that USMACV was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC with Palm) for the period 8 February 1962 – 28 March 1973.  The 1st Battalion, 11th Armored Cavalry Regiment was awarded the RVNGC with Palm for the period 1 May  1969 – 15 February 1970 and for the period 1 March – 30 October 1970.  Not more than one RVNGC with Palm will be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel records will indicate all awards received.

CONCLUSIONS:

1.  There is no evidence of record to conclusively substantiate the applicant’s contention that he was wounded in action.  The meaning of the word “hit” in the RVNGC with Bronze Star citation is unclear and no other corroborating evidence
is provided.

2.  The applicant’s DD Form 214 does not list all the awards and decorations he was awarded.  He was awarded three awards of the ARCOM, one with “V” device.  He was awarded two awards of the BSM, one with “V” device.  He was awarded the JSCM.  He is entitled to wear one silver service star and two bronze service stars with his Vietnam Service Medal.  In addition, he was assigned to two units that were both awarded the RVNGC with Palm during a period of time he was assigned to those units.  Although he cannot wear two awards of the RVNGC with Palm, both of those awards should be listed on his DD Form 214.  

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

RECOMMENDATION:

1.  That the applicant’s DD Form 214 be amended to delete the Vietnam Service Medal, the Bronze Star Medal 1st oak leaf cluster, and the Army Commendation Medal 1st oak leaf cluster.

2.  That the applicant’s DD Form 214 be amended to show he was awarded the Vietnam Service Medal with one silver service star and two bronze service stars; two awards of the Bronze Star Medal, one with “V” device; three awards of the Army Commendation Medal, one with “V” device; the Joint Service Commendation Medal; and two awards of the Republic of Vietnam Gallantry Cross with Palm.

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

BOARD VOTE:  

__mdm___  __le____  __gjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Mark D. Manning
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001055719	
SUFFIX		
RECON		
DATE BOARDED	20010719	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.