PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:               26 March 2002     
	DOCKET NUMBER:      AR2002066499

	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	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		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 in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) dated August 15, 1967, be corrected to show award of the Purple Heart. 

3.  The applicant states, in effect, that his military record "does not list "me" as a Purple Heart recipient."  The applicant submits a copy of his Purple Heart certificate dated November 1, 1966.

4.  He was inducted August 16, 1965, completed basic combat training and Advanced Individual Training and was awarded MOS (Military Occupational Specialty) 11B20 (Light Weapons Infantryman).   He served for 9 months and 
15 days in the Republic of Vietnam with Company B, 2nd Battalion, 14th Infantry, 25 Infantry Division.  On October 31, 1966, after being injured in combat, he was medically evacuated to Japan.  On February 24, 1967, he was transferred from overseas in a patient status to U.S. Army Hospital, Fort Devens, Massachusetts. On March 26, 1967, he was temporarily assigned to the U.S. Army Personnel Center, Oakland, California awaiting separation processing. 

5.  On August 15, 1967 he was honorably separated and transferred to the United States Army Reserve for completion of his remaining service obligation.  He was credited with 2 years of active service and no lost time.  The highest grade he attained was pay grade E-5.  

6.  At the time of his separation, his DD Form 214, item 24 showed the following awards, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with 
60 Device and the Good Conduct Medal.  It does not show the award of the Purple Heart.

7.  Further, the applicant’s DA Form 20 (Enlisted Qualification Record), item 
40 (wounds) shows an entry dated October 31, 1966, indicating he received fragment wounding to his left arm.  In addition, item 41 (Awards and Decorations) on his DA Form 20 shows he was issued a Purple Heart in accordance with General Orders Number 1374, Headquarters, 25th Infantry Divisions November 1, 1966.

8.  The applicant’s name also appears on the Vietnam Casualty List for wounds received while in action on the same date. 

9.  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.  Sustaining 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. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) dated 29 January 1988, shows that the applicant was assigned to a unit which was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

11.  This publication also shows that the unit, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

12.  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.  

13.  The applicant is entitled to two bronze service stars for wear on his Vietnam Service Medal for his participation in the Vietnam Counteroffensive Campaign and Counteroffensive Phase II.

CONCLUSIONS:

1.  The evidence of record substantiates that the applicant was awarded the Purple Heart.

2.  The applicant is also entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation with two bronze service star for wear on his Vietnam Service Medal.  These awards should also be added to his DD Form 214.  

4.  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 adding the following awards and decorations to item 24 on his DD Form 
214 issued to him on August 15, 1967:

a.  the Purple Heart Medal;

b.  the Vietnam Service Medal with two bronze service stars; 

c.  the Republic of Vietnam Civil Actions Honor Medal First Class 

     Unit Citation;

d.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

BOARD VOTE:  

__GDP___  __DSJ__  __REB__  GRANT AS STATED IN RECOMMENDATION

________  _______  _________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		   _George D. Paxson_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002066499	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020326	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19601127	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	A107.0000	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0013	
2.	107.0015	
3.		
4.		
5.		
6.