PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           23 April 2002                   
	DOCKET NUMBER:  AR2002067657

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyl		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) dated 9 July 1967 be corrected to show entitlement to award of the Bronze Star Medal for Heroism (BSM (V)) and the Purple Heart (PH).

3.  The applicant states that he was awarded the BSM (V) and was wounded in action in Vietnam.

4.  The applicant’s military records show he was enlisted on 15 July 1964 for        3 years, and that during the period 2 August 1966 through 14 May 1967, he was assigned to a unit in Vietnam, as an infantryman.

5.  Medical records show that on 19 February 1967, he was admitted to the 85th Evacuation Hospital from the 15th Medical Battalion with multiple fragmentation wounds to both legs and the right hand, which had been received when a booby trap exploded near Bong Son, Vietnam.  On 22 February 1967, he was evacuated to the 106th General Hospital, Japan.  His Enlisted Qualification Record shows he was wounded in action on 19 February 1967 with multiple fragmentation wounds on both legs and the right hand.

6.  On 8 July 1967, General Order Number 3817, 1st Cavalry Division announced the applicant’s award of the BSM (V) for his courage in connection with military operations against a hostile force.

7.  On 9 July 1967, he was honorably separated under Army Regulation 635-200, based on being an overseas returnee.  His DD Form 214 indicates he had          4 years, 11 months and 17 days of creditable service and 8 days of lost time.  He was entitled to award of the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.

8.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH 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, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for the Vietnam Counteroffensive, Phase II Campaign and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  The evidence of record clearly shows the applicant’s entitlement to the award of the BSM (V) and the PH and his records should be corrected by publication of orders for award of the PH, and showing the award on his DD Form 214.

2.  The Board notes the applicant is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 1 bronze service star to the Vietnam Service Medal (Vietnam Counteroffensive, Phase II Campaign) in accordance with pertinent regulations.  These awards should also be shown on his DD Form 214.

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 showing the individual concerned was awarded the BSM (V) as shown on the 1st Cavalry Division General Order, the PH for wounds received in action on      19 February 1967, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 1 bronze service star to the Vietnam Service Medal (Vietnam Counteroffensive, Phase II Campaign).

BOARD VOTE:  

_kak____  __mdm__  _tl____      GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067657	
SUFFIX		
RECON		
DATE BOARDED	20020423	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.