PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            25 July 2002
	DOCKET NUMBER:   AR2002071112

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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 correction of his records to show award of the Good Conduct Medal, two awards of the Purple Heart, the Vietnam Service Medal with two or three bronze service stars, award of the Army Commendation Medal, award of the Presidential Unit Citation, award of the Meritorious Unit Commendation, award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, award of one Air Medal, and award of two Bronze Star Medals, one with “V” Device.

3.  The applicant states that these awards were “left off” his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) when he sustained a combat injury.  In support of his application, the applicant submitted a copy of his DD Form 214. 

4.  The applicant’s military records show that he was inducted on 24 August 1967.  He served in Vietnam in Company B, 5th Battalion, 46th Infantry from 4 August 1968 through 24 January 1969 at which time he was evacuated for wounds sustained on 11 January 1969.  The applicant was ultimately evacuated to the United States and was honorably discharged by reason of physical disability on 20 June 1969. 

5.  The applicant’s DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) award of the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device (1960), the Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal with “V” Device, one Oversea Service Bar and the Sharpshooter Marksmanship Badge with Rifle Bar.

6.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency was rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

7.  The applicant’s records contain two orders for award of the Purple Heart.  The applicant was awarded the Purple Heart by 312th Evacuation Hospital General Orders Number 7, dated 13 January 1969, for wounds sustained on 11 January 1969.  The applicant was also awarded the Purple Heart by U.S. Army Specialized Treatment Center (Fort Gordon, Georgia) General Orders Number 18, dated 13 March 1969, for wounds sustained on 11 January 1969.  

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 41 (Awards and Decorations) that the entry for award of the Purple Heart by the 312th Evacuation Hospital was deleted and replaced by award of the Purple Heart based on the orders published by the U.S. Army Specialized Treatment Center at Fort Gordon, Georgia.

9.  The applicant’s DD Form 214 shows award of the Vietnam Service Medal with no bronze service stars to indicate campaign participation credit.  Review of Appendix B of Army Regulation 600-8-22 (Military Awards) reveals that the applicant participated in two campaigns during his service in Vietnam, specifically the Vietnam Counteroffensive Phase V and the Vietnam Counteroffensive Phase VI.

10.  The applicant’s DD Form 214 does not show award of the Army Commendation Medal.  There are no orders in his service personnel records which show that he was awarded the Army Commendation Medal.  His DA Form 20 does not show award of the Army Commendation Medal in item 41.  There also is no recommendation for award of the Army Commendation Medal to the applicant in his personnel records. 

11.  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 that, at the time of the applicant’s assignment to the 5th Battalion, 46th Infantry, it was not cited for award of the Presidential Unit Citation nor was it cited for award of the Meritorious Unit Commendation.  

12.  Department of the Army Pamphlet 672-3 shows that the unit to which the applicant was assigned during his service in Vietnam received award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 8, dated 1974.

13.  Department of the Army Pamphlet 672-3 does not show that the unit to which the applicant was assigned in Vietnam received award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

14.  The applicant’s DD Form 214 does not show award of the Air Medal.  There are no orders in the applicant’s service personnel records which show that he was awarded the Air Medal.  His DA Form 20 does not show award of the Air Medal in item 41 and there is no evidence of a recommendation for award of the Air Medal to the applicant. 

15.  The applicant’s DD Form 214 shows one award of the Bronze Star Medal with “V” Device.  His DA Form 20 shows that this award was based on Americal Division General Orders Number 8315.  The applicant’s records contain a copy of Americal Division General Orders Number 8315 which awarded him the Bronze Star Medal with “V” Device for heroism in action on 27 August 1968.

16.  The applicant’s DD Form 214 does not show a second award of the Bronze Star Medal.  There are no orders in the applicant’s service personnel records which show that he received a second award of the Bronze Star Medal.  His DA Form 20 does not show a second award of the Bronze Star Medal in item 41, and there is no recommendation for a second award of the Bronze Star Medal in his service personnel records.  

17.  The applicant’s service personnel records do contain a letter of transmittal, dated 30 April 1971.  This transmittal document forwarded an award of the Bronze Star Medal with “Bronze Oak Leaf Cluster” to the Commanding General of Third United States Army for presentation and inclusion in the applicant’s records.  The transmittal letter shows that this award of the Bronze Star Medal was based on Americal Division General Order Number 593, dated 23 January 1969. There is no copy of this order in the applicant’s records.

18.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

19.  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.  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.  This regulation also states that a bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

20.  Army Regulation 600-8-22, 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 which in this case is the Vietnam Service Medal.

21.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

22.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  

23.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

24.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

25.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal 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 within 3 years.  This regulation also states that a bronze “V” device indicates acts of heroism involving conflict with an armed enemy and that a bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal for the period 24 August 1967 through 20 June 1969 based on completion of a period of qualifying service ending with termination of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

2.  Notwithstanding the two sets of General Orders awarding the Purple Heart to the applicant for wounds sustained on 11 January 1969, evidence of record shows that the applicant was wounded one time and that the General Orders in question award the Purple Heart for the same wounds.  Therefore, the Board determined that the applicant is only entitled to one award of the Purple Heart and there is no basis for amending his records to show two awards of the Purple Heart.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show the Vietnam Service Medal with two bronze service stars.   

4.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Army Commendation Medal.  In the absence of orders awarding the Army Commendation Medal to the applicant or a recommendation for award of the Army Commendation Medal to the applicant in this case, there is insufficient evidence upon which to base award of the Army Commendation Medal in this case.

5.  There is no evidence of record, and the applicant has provided no evidence, which shows that while he was assigned to the 5th Battalion, 46th Infantry it was cited for award of the Presidential Unit Citation or the Meritorious Unit Commendation.  Therefore, there is insufficient basis to amend the applicant’s records to show these unit awards.

6.  Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award. 

7.  Department of the Army Pamphlet 672-3 does not show that the unit to which the applicant was assigned during his service in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, there is no basis for amending the applicant’s records to show this foreign unit award.

8.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Air Medal.  In the absence of orders awarding the Air Medal or a recommendation for award of the Air Medal to him in this case, there is insufficient evidence upon which to base award of the Air Medal to the applicant. 

9.  The applicant’s records contain General Orders which awarded him the Bronze Star Medal with “V” Device.  There are no orders available to the Board which show that the applicant was awarded a second award of the Bronze Star Medal.  However, the Board noted the evidence which shows that the applicant was awarded a second award of the Bronze Star Medal, properly identified as the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device.  Upon review, the Board has determined that the letter of transmittal showing the Americal Division General Order 593 as authority for a second award of the Bronze Star Medal is sufficient as a basis for correction of the applicant’s records.  Therefore, he is entitled to award of the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device and correction of his records to show this decoration.

10. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Good Conduct Medal for the period 24 August 1967 through 20 June 1969, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device. 

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

BOARD VOTE:  

__KWL__  __RTD__  __RVO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Mr. Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2002071112	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020725	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.