PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           22 August 2002                  
	DOCKET NUMBER:   AR2002071832

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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 military records to show that he was awarded the Purple Heart.

3.  The applicant states, in effect, that he is entitled to the Purple Heart for an injury he received in 1968, while engaged in combat in the Republic of Vietnam.  He was evacuated to the 249th General Hospital in Japan and there was presented with the Purple Heart.

4.  In support of his request the applicant submits a copy of a General Order 2461, Headquarters, 25th Infantry Division, that awards him the Bronze Star Medal with "V" Device (to indicate heroism).  The citation indicates that the applicant was seriously wounded by an enemy recoilless rifle round.

5.  The applicant's military records show that he served as an enlisted soldier from 19 January 1966 through 24 January 1967.  He was commissioned a second lieutenant on 25 January 1967, in the infantry.  He served until he was released from active duty on 24 January 1969 in pay grade 0-2.  His character of service was honorable and he had completed a total of 3 years, 0 months and 6 days of creditable active service.

6.  He served in Vietnam from 8 August 1967 through 18 March 1968 and was assigned to Company B, 2nd Battalion, 27th Infantry, 25th Infantry Division.

7.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Bronze Star Medal (but does not indicated that is with "V" device), the Combat Infantryman Badge, and the Expert Badge with rifle bar.  The Purple Heart is not listed as an authorized award, however, in item 30 (Remarks) there is an entry which reads, "Wounds:  Multiple fragment – Back and shoulder – 1 Feb 68 – VIETNAM."

8.  In the applicant's records is General Orders 102, issued by the 6th Infantry Division and Fort Campbell on 19 April 1968, awarding the applicant the Purple Heart for injuries received in Vietnam on 1 February 1968.  Also present are orders awarding him the Army Good Conduct Medal for the period 19 January 1966 through 24 January 1967 and General Order 2461, issued by the 25th Infantry Division on 2 April 1968, awarding the applicant the Bronze Star Medal with "V" Device.

9.  The applicant's DA Form 20 (Enlisted Qualification Record), which he signed, item 40 (Wounds) contains no entries.  Item 41 (Awards and Decorations) does not reflect the Purple Heart as an authorized award.  Awards listed in item 41, but not on his DD Form 214, are the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with machinegun bar.  

10.  The applicant's DA 66 (Officer Qualification Record), which he signed, item 21 (Awards and Decorations) does not reflect the Purple Heart as an authorized award.  Award listed in item 21, but not on his DD Form 214, is the Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  In the applicant's case, he is entitled to two bronze service stars for the Vietnam Counteroffensive Phase III and the Tet Counteroffensive campaigns.

12.  The same regulation provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, that the 2nd Battalion, 27th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 by Department of the Army General Orders 48, 1971, and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation for the period 1 January 1966 through 21 January 1970 by Department of the Army General Orders 51, 1971.

CONCLUSIONS:

1.  The evidence of record shows that the applicant is entitled to the Purple Heart by virtue of the wounds he suffered in Vietnam on 1 February 1968, as authenticated by General Orders 102.  He is therefore entitled to have the award shown on his DD Form 214.

2.  The record further shows that the applicant is entitled to the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, two bronze service stars to be worn on his Vietnam Service Medal, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with machinegun bar.

3.  Lastly, General Orders 2461 reflects the applicant was awarded the BSM with "V" device.  His records should be corrected to reflect the "V" device.

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:

a.  showing that the individual concerned was awarded the Purple Heart for wounds received in Vietnam on 1 February 1968; and

b.  showing he was awarded the National Defense Service Medal, the "V" device to be worn on his Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, two bronze service stars to be worn on his Vietnam Service Medal, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with machinegun bar.

BOARD VOTE:  

___jhl___  ___bjl____  ___rvo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

____________Joann H. Langston__
CHAIRPERSON

INDEX

CASE ID	AR2002071832	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020822	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.