PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 April 2002                  
	DOCKET NUMBER:   AR2001064917

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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 (Report of Separation from Active Duty) be corrected to include the award of the Bronze Star Medal and two additional Purple Hearts.

3.  The applicant states that he earned these awards in Vietnam and deserves to have them listed on his DD Form 214.

4.  The applicant entered active duty on 18 September 1969.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11C (Indirect Fire Crewmen).  He was assigned to Vietnam and served as a rifleman with Company B, 1st Battalion (Airmobile), 506th Infantry, 101st Airborne Division from 6 March 1970 to 8 January 1971.  He was promoted to private first class (PFC) (E-3) on 10 March 1970.

5.  On 19 December 1973, the applicant was found guilty by a Special Court-Martial of being absent without leave (AWOL) for the period of 8 January 1971 through 5 November 1973.  His sentence included confinement for 4 months, forfeiture of $200 per month for 4 months, and reduction to the lowest enlisted grade.  On 7 February 1974, the brigade commander approved the sentence and directed that the sentence be executed.  On 25 February 1974, the unexecuted portion of the confinement and forfeiture were suspended until 18 April 1974 at which time it was remitted.

6.  The applicant received a rehabilitation transfer to Fort Campbell, Kentucky where he served the remainder of his period of active duty.  During this period the applicant was again promoted to PFC.

7.  The applicant was released from active duty on 6 November 1974 with a characterization of service as honorable.  He was shown to have had 2 years of creditable service and 730 days of lost time, having been held 893 days subsequent to his normal discharge date.

8.  The applicant’s record contains copies of orders for the following awards or decorations:

a.  Department of the Army (DA) Headquarters (HQ) 101st Airborne Division (Airmobile) Special Orders Number 163, dated 12 June 1970, shows the applicant was awarded the Combat Infantryman Badge;

b.  DA HQ 101st Airborne Division General Orders (GO) Number 8860, dated 8 August 1970, shows the applicant was awarded the Purple Heart for wounds received in action on 6 July 1970; and,

c.  DA HQ 101st Airborne Division GO Number 1022, dated 2 February 1971, shows the applicant was awarded the Bronze Star Medal for meritorious service in Vietnam.

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) item 40, wounds, lists only the wound sustained on 6 July 1970.  At item 41, his awards and decorations are listed as; the National Defense Service Medal, the Vietnam Service Medal and the Purple Heart, with the notation that none were issued.

10.  The applicant’s service medical records show that he received treatment for a shrapnel wound to his head (June - July 1970), for an incision and drainage of an infection (boil) on his left knee (August – September 1970), a groin rash (September 1970), a burn to his right arm (October – November 1970), and the stomach flu (November 1970).

11.  The applicant’s DD Form 214 lists his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, and the Expert Qualification Badge with Rifle Bar.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 55, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 48, dated 1971.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

14.  Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include but are not limited to: Vietnam Winter-Spring 1970; ending on 30 April 1970; Sanctuary Counteroffensive 1970 ending on 30 June 1970; and Counteroffensive Phase VII, ending on 30 June 1971.

CONCLUSIONS:

1.  The applicant’s medical records show treatment for only one hostile action incurred injury.  There is no evidence that either the infection (boil) or the burn were the result of hostile action; therefore, the applicant is entitled to only one Purple Heart.

2.  The applicant’s records contain official orders awarding him the CIB and a Bronze Star Medal.  It is, therefore appropriate to have these awards listed on his DD Form 214.

3.  The applicant served in Vietnam during three campaign periods therefore, his records should reflect the award of the Vietnam Service Medal with three bronze service stars.

4.  During the period that the applicant was attached to it, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be reflected on his DD Form 214.

5.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error and rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is awarded the Bronze Star Medal, the Combat Infantryman Badge, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

_JHL___  __GDP___  __CG___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001064917	
SUFFIX		
RECON		
DATE BOARDED	20020425	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT Partial	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.