MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 September 2002                   
	DOCKET NUMBER:   AR2002069915

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Karen A. Heinz		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Air Medal (AM), the Bronze Star Medal (BSM), and an oak leaf cluster to his Purple Heart (PH).

APPLICANT STATES:  He was entitled to the AM due to his participation in 100 or more combat assaults.  He was entitled to the BSM for his actions when two of his comrades were killed in action.  He was entitled to an oak leaf cluster to his PH for wounds incurred when a “frag” was thrown back at him during practice.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted and entered on active duty on 21 September 1967.  He was awarded the military occupational specialty of light weapons infantryman, served in Vietnam from 2 March 1968 to 23 February 1969 and was promoted to the rank of sergeant.  He was assigned to a cavalry squadron while serving in Vietnam.  

The applicant’s DA Form 20, Enlisted Qualification Record, item 38, Record of Assignments, shows that the applicant was a patient twice while in Vietnam, the first time on 28 June 1968 and the second time on 12 July 1968.  Item 40 of this form, Wounds, has “GSW L. upper quadrant,” with 28 June 1968 entered as the date the wound was inflicted upon the applicant.  There are no other entries in that item.

The applicant was honorably released from active duty on 30 September 1969 at the expiration of his term of service.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, shows the applicant was awarded the National Defense Service Medal, the Expert (Rifle), the Vietnam Service Medal with bronze service star, the Combat Infantryman Badge, the Vietnam Campaign Medal with device 1960, the PH, and the Army Commendation Medal.

Army Regulation 600-8-22 provides that the BSM is awarded in time of war for heroism and for meritorious achievement or service.  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 

Army Pamphlet 672-3 (unit citation and campaign register) indicates that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with palm.  That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal are as follows:  Tet Counteroffensive ended on 1 April 1968, Counteroffensive Phase IV ended on 30 June 1968, Counteroffensive Phase V ended 1 July 1968, Counteroffensive Phase VI ended on 22 February 1969, and Tet 69 Counteroffensive ended on 8 June 1969.  In addition, this pamphlet shows that the applicant's unit, Company C, 2nd Battalion, 5th Cavalry, was awarded the Valorous Unit Award (VUA) for actions against the enemy on 27, 28 and 29 June 1968.

The Vietnam Service Medal is awarded to 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.  Campaigns credited to a soldier are reflected by service stars to the Vietnam Service Medal (a bronze service star for each campaign, a silver service star for five campaigns).

This regulation also provides that the AM is awarded in time of war for heroism, for meritorious achievement (single acts of a lesser degree than which required for the Distinguished Flying Cross) and for meritorious service (sustained distinction in the performance of duties).  In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.   

This regulation defines the criteria for award of the PH as 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.

In the processing of this case the staff of the Board reviewed the Vietnam Casualty Roster.  The applicant's name was only entered on that roster for his 28 June 1968 wound.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  There is no evidence that the applicant was ever recommended for the BSM.  As such, there is insufficient evidence on which to base award of that decoration to the applicant.

2.  Likewise, while the applicant was in a cavalry squadron, there is no evidence that he participated in air assaults.  Without evidence of air assault participation, there is insufficient evidence to award him the AM.

3.  As for the oak leaf cluster to his PH, while the applicant was hospitalized twice while in Vietnam, there is no indication why he was hospitalized the second time.  Without evidence that he was wounded as the result of hostile action, there is insufficient basis on which to award him the oak leaf cluster to his PH.

4.  However, the applicant served in Vietnam during five campaigns and therefore should have been awarded a silver service star to his Vietnam Service Medal instead of one bronze service star.  He was also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the VUA.  However, these awards are administrative in nature and do not require the authority of the Board to be added to the applicant's DD Form 214.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency, St. Louis, Missouri, will be requested to replace the bronze service star with a silver service star to the applicant's Vietnam Service Medal, and to add the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the VUA.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ela____  ____kah__  ___tbr__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002069915	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020917	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.