PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:          10 October 2002 
	DOCKET NUMBER:   AR2002073004

	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:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 and Bronze Star Medal.

3.  The applicant states, in effect, that he is entitled to the Purple Heart for an injury he received in 1969, while engaged in combat in the Republic of Vietnam.  He also states that he was awarded the Bronze Star Medal.

4.  The applicant’s military records show that he was inducted on 2 January 1968 and completed training as an infantryman.  He achieved the rank of staff sergeant and was transferred to the US Army Reserve on 19 November 1969.  His character of service was honorable and he had completed a total of 1 year, 10 months and 18 days of creditable active service.  His separation document shows no lost time.

5.  He served in Vietnam from 19 November 1968 through 18 November 1969, serving in several units.

6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Army Commendation Medal.  Neither the Purple Heart nor the Bronze Star Medal is listed as an authorized award.

7.  In the applicant's records is General Orders 463, issued by the 9th Infantry Division on 14 January 1969, awarding him the Purple Heart for injuries received in Vietnam on 12 January 1969.  Also present are General Orders 4055, issued by Headquarters, II Field Force Vietnam, awarding him the Bronze Star Medal for meritorious service in Vietnam.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds) reflects that he suffered a ruptured right eardrum on 12 January 1969.  Awards listed in item 41 (Awards and Decorations), but not on his DD Form 214, are the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, two Overseas Bars, the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.

9.  Army Regulation 600-8-22 provides, in pertinent part, that a bronze service star is 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.  In the applicant’s case, he is entitled to four Bronze Service Stars for participating in the Vietnam Counteroffensive Phase V & VI; the Tet 69 Counteroffensive, 1969; and the Vietnam Winter-Spring 1970 Campaigns.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service: for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant is entitled to and was awarded the Purple Heart by virtue of the wounds he suffered in Vietnam on 12 January 1969, and the Bronze Star Medal as authenticated by official orders. He is therefore entitled to have these awards shown on his DD Form 214.

2.  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, two Overseas Bars, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, and four Bronze Service Stars to be worn on his Vietnam Service Medal.

3.  Similarly, the applicant’s service was meritorious, as evidenced by his promotion to staff sergeant, and award of the Bronze Star Medal for meritorious service.  Since the record is also devoid of any evidence of disciplinary action taken against him, it would appear that the absence of the Army Good Conduct Medal for the period of his service from 2 January 1968 through 19 November 1969 was an oversight, and he is entitled to its award and to a correction of his records to show this award.

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 12 January 1969; and

b.  showing he was awarded the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, two Overseas Bars, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.

BOARD VOTE:  

____jtm__  _____rwa  ___jtm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

__________Raymond J. Wagner______
CHAIRPERSON

INDEX

CASE ID	AR2002073004	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021010	
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.