PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  30 October 2001
	DOCKET NUMBER:  AR2001058427

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Arthur A. Omartian		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 awards of the Bronze Star Medal, the Purple Heart, the Air Medal, the Meritorious Unit Citation, and qualification badges for the M60 machinegun and grenade be added to his DD Form 214 (Report of Transfer or Discharge).  He would also like his other Vietnam unit awards.

3.  The applicant states he was not provided copies of the orders or certificates for the awards and would like to be issued the decorations.

4.  The applicant’s military records show that he was inducted and entered active duty on 9 October 1969.  He was trained as an infantryman and assigned to Vietnam.  He was assigned to an infantry battalion from April to June 1970 and was reassigned as a security guard to support and supply units from June 1970 through May 1971.

5.  The applicant was separated from active duty on 22 May 1971 and transferred to the Army Reserve.  His DD Form 214 does not show any of the requested awards.  His 30 March 1973 report of medical history, which he completed in his own hand, states that his only illness or injury was malaria in 1971.

6.  The applicant’s DA Form 20 (Qualification Record) in block 40 (Wounds) is blank.  Block 41 (Awards) shows the Bronze Star Medal, the Purple Heart, and the Air Medal.  The authority cited is order number 50165 from the 4th Infantry Division.  Block 41 also lists the Meritorious Unit Commendation and the sharpshooter qualification badge with M60 machinegun and grenade.  The only award order in the available record is his award of the Combat Infantryman Badge which is Special Order Number 165.

7.  The Total Army Personnel Command (PERSCOM), Awards Branch, was not able to locate a record of the applicant on the Vietnam casualty roster or an order number 50165 issued by the 4th Infantry Division.  General Orders numbers are restarted on 1 January of each year and order number 6171 is the last known order number in 1970 for the 4th Infantry Division.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the units, to which the applicant was assigned, were cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It also shows that he served in Vietnam during the periods of three campaigns, which entitles him to three bronze service stars for the Vietnam Service Medal.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal and the Air Medal are awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, or for upgrading to a more prestigious award.

10.  Army Regulation 600-8-22 also 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.

CONCLUSIONS:

1.  There is sufficient evidence of record to show that the applicant is entitled to an award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for the Vietnam Service medal.  

2.  There is insufficient evidence of record to show that the applicant was awarded the Bronze Star Medal, the Purple Heart, the Air Medal, or qualification badges for the M60 machinegun and grenade.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he is entitled to awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for the Vietnam Service medal.

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

BOARD VOTE:  

__ca___  __ho____  __ao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi______
		        CHAIRPERSON

INDEX

CASE ID	AR2001058427	
SUFFIX		
RECON		
DATE BOARDED	20011030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.