PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           15 November 2001
	DOCKET NUMBER:   AR2001059422

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley 		Member	
	Ms. Karen A. Heinz		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart (PH) for wounds received in battle in March 1971.

3.  The applicant states, in effect, that he wants his DD Form 214 corrected to reflect the award of the Purple Heart for wounds he received while engaged in battle with the enemy.  

4.  In support of his application, the applicant submitted a copy of his DD Form 214; Headquarters, 101st Airborne Division Special Orders Number 4898 awarding him the Bronze Star Medal with “V” Device (First Oak Leaf Cluster); DA Form 20 (Enlisted Qualification Record); and a newspaper article regarding his being awarded the Bronze Star Medal.

5.  The applicant’s military records show that he was inducted into the Army of the United States on 26 May 1969 for a period of 2 years.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman, and was assigned to Fort Jackson, South Carolina, for his first permanent duty station.

6.  The applicant was transferred to the Republic of Vietnam and served there from 11 May 1970 to 14 April 1971.  His unit of assignment was Company A, 1st Battalion, 501st Infantry, 101st Airborne Division.

7.  Special Orders Number 226, dated 14 August 1970, awarded the applicant the Combat Infantryman Badge (CIB).

8.  Special Orders Number 386, dated 13 January 1971, awarded the applicant the Air Medal (AM) for meritorious achievement while participating in aerial flight.

9.  General Orders Number 1953, dated 8 March 1971, awarded the applicant the Bronze Star Medal (BSM) for meritorious service.

10.  General Orders Number 4898, dated 26 May 1971, awarded the applicant the BSM with “V” Device (First Oak Leaf Cluster) for heroism in connection with ground operations in the Republic of Vietnam.  The applicant distinguished himself on 1 March 1971 while serving as lead man for a small patrol during combat operations.  Although greatly outnumbered, the applicant deployed his element, engaged the enemy with small arms fire, and pursued the enemy until wounded by enemy fire.

11.  The applicant was separated with an honorable discharge on 15 April 1971 under the provisions of chapter 5, Army Regulation 635-200 by reason of Overseas Returnee.  He was credited with 1 year, 10 months, and 20 days of active military service.  His DD Form 214 reflects the following awards:  National Defense Service Medal and Vietnam Service Medal.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

14.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal (AM).  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  There was no provision for making the award simply because an aircraft was struck by enemy fire.  

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

17.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB).  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one OSB is authorized for each period of 6 months' active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the OSB.

18.  Army Regulation 600-8-22 (Military Awards), 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.  During the applicant’s assignment in Vietnam, he participated in two campaigns, DA Sanctuary Counteroffensive and Vietnam Counteroffensive Phase VII.  He is entitled to two bronze service stars (BSS) on his Vietnam Service Medal.

19.  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 Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March - 9 October 1971 by Department of the Army General Order Number 6, dated 1974.

CONCLUSIONS:

1.  The applicant's DD Form 214 fails to list most of his awards and decorations.  He is entitled to the BSM with "V" Device (First Oak Leaf Cluster), the AM, the VCM, two OSB, two BSS for his VSM, the CIB, and the Vietnam Gallantry Cross with Palm Unit Citation.

2.  General Orders Number 4898 awarded the applicant the BSM with “V” Device.  The citation for that award clearly states that the applicant was wounded on 1 March 1971 while engaging the enemy in battle.  He is, therefore, entitled to the PH.

3.  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 issuing to the individual concerned a DD Form 215, Correction to DD Form 214, awarding him the BSM with “V” Device (First Oak Leaf Cluster), PH, AM, CIB, VCM, two OSB, two BSS for his VSM, and the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

__INW___  __SK___  _KAH___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    _Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2001059422	
SUFFIX		
RECON		
DATE BOARDED	20011115	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710415 	
DISCHARGE AUTHORITY	AR 635-200, c5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.