PROCEEDINGS

	IN THE CASE OF        

	BOARD DATE:            29 October 2002
	DOCKET NUMBER:    AR2002072264

	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. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		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 that the social security number on the order awarding him the Purple Heart be corrected.

3.  The applicant states, in effect, that the last digit of the social security number shown on the order awarding him the Purple Heart is incorrect.  He states the number should read "2."

4.  In support of his request, he has furnished a copy of Headquarters, 101st Airborne Division, General Order Number 4073, dated 3 May 1969 that awarded the applicant the Purple Heart.  It reflects a social security number ending in the number "4".  Also submitted is a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which reflects a social security that ends in the number "2."

5.  The applicant’s military records show that he was inducted on 19 October 1967 and on 17 October 1969, he was transferred to the U.S. Army Reserve. 

6.  He served in Vietnam from 29 March 1968 through 28 March 1969 and was assigned to Company B, 2nd Battalion, 502nd Infantry.

7.  His DD Form 214, Item 3 (Social Security Number) reflects the number "2" as the last digit.  It also reflects that he was awarded the Bronze Star Medal, the Air Medal, the Army Commendation Medal with "V" device, the Good Conduct Medal, National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, and the Sharpshooter Badge (Rifle).  The Purple Heart is not listed as an authorized award.

8.  He served in Vietnam from 29 March 1968 through 28 March 1969 assigned to Company A and Company D, 2nd Battalion, 502nd Infantry.

9.  The applicant's DA Form 20 (Enlisted Qualification Record), which he signed, reflects in item 40 (Wounds), that he suffered a wound to his right hand, stomach, neck and nose.  Item 41 (Campaigns) reflects that he participated in three campaigns.

10.  Army Regulation 600-8-22 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 wear three Bronze Service Stars for his participation in the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V Campaigns.

11.  Department of the Army Pamphlet 672-3 provides, in pertinent part, that the 2nd Battalion, 502nd, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969, 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 18 March 1968 through 2 May 1970 by Department of the Army General Orders 48, 1971.

12.  Army Regulation 600-200 provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20, will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

CONCLUSIONS:

1. The evidence of records supports the applicant's contention that the social security number on General Orders 4073, awarding him the Purple Heart, is incorrect.  It would therefore be appropriate to correct those orders to show his correct social security number, as reflected on his application to this Board.

2.  The evidence of record shows that the applicant is entitled to the Purple Heart by virtue of the wounds he suffered in Vietnam on 18 September 1968, as authenticated by General Orders 4073.  He is therefore entitled to have the award shown on his DD Form 214.

3.  The record further shows that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, and three Bronze Service Stars to be worn on his Vietnam Service Medal.

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.  correcting the social security number of the individual concerned as he requested and issuing him a correct general order awarding the Purple Heart; 

b.  showing that the individual concerned was awarded the Purple Heart for wounds received in Vietnam on 18 September 1968; and

c.  showing he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, and three Bronze Service Stars to be worn on his Vietnam Service Medal.

BOARD VOTE:  

___kak__  ___tap___  ___bjl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Karol A. Kennedy________
		        CHAIRPERSON

INDEX

CASE ID	AR2002072264	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021029	
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.  107.00		
2.		
3.		
4.		
5.		
6.