PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           25 March 2003                
	DOCKET NUMBER:   AR200207396

	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. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		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 that he be awarded the Purple Heart.

3.  The applicant states that he is entitled to the Purple Heart and it should be entered on his separation document.

4.  The applicant’s military records show he was inducted into the Army on 17 November 1965 and completed training in military occupational specialty (MOS) 36K20 (Field Wireman).  He served in Vietnam from 28 August 1966 through 26 August 1967, while assigned to Company A, 1st Battalion, 16th Infantry, 1st Infantry Division.  He was transferred to the US Army Reserve on 27 August 1967.  His character of service was honorable.  He had completed a total of 1 year, 9 months and 11 days of creditable active service.  His separation document shows no lost time.

5.  The applicant’s 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 Vietnam Campaign Medal, the Purple Heart, and the Expert Badge (Rifle M14).

6.  The applicant's DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments) reflects that during his assignment to Company A, 1st Battalion, 16th Infantry, in Vietnam, he served in duty MOS 11B; item 40 (Wounds) reflects that he suffered a fragment wound to the left leg on 9 November 1966 and a fragment wound to the right shoulder on 17 June 1967.  Item 41 (Awards and Decorations) reflects that he was awarded the Purple Heart per General Order 4025, Headquarters, 1st Infantry Division on 21 December 1966.

7.  In the applicant's record is Headquarters, 1st Infantry Division, General Order Number 4025, 21 December 1966 awarding him the Purple Heart for wounds received on 9 November 1966.

8.  On 20 June 1967, a casualty message reported that on 17 June 1967, the applicant was wounded by fragments to his right shoulder from hostile mortar rounds.  The injuries occurred while he was walking into a landing zone.  The wound was the result of hostile action and he was treated at the battalion aid station.

9.  The applicant’s name is listed on the Vietnam Casualty Roster as having been wounded on 17 June 1967.  The roster does not reflect an entry regarding the applicant's 9 November 1966 injury.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  The same regulation provides that:

a.  The Bronze Oak Leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

b.  The Bronze Service Star is authorized for wear on the Vietnam Service Medal for each campaign when assigned or attached to and present for duty with a unit during the period in which it participated in combat, or was under orders to such unit in a combat zone.  In the applicant’s case, he is entitled to wear two Bronze Service Stars on his Vietnam Service Medal for participation in the Vietnam Counteroffensive, Phase II and Vietnam Counteroffensive, Phase III Campaigns.

c.  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.

12.  Department of the Army Pamphlet 672-3, shows that, at the time of the applicant’s assignment to the 1st Battalion, 16th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968, by Department of the Army General Orders Number 21, 1969; and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation for the period 1 October 1965 through 7 April 70, by Department of the Army General Orders 53, 1970.

CONCLUSIONS:

1.  The evidence of record shows that the applicant is entitled to the Bronze Oak Leaf Cluster to be worn on his Purple Heart by virtue of the wounds he suffered in Vietnam on 17 June 1967, as authenticated by his DA Form 20 and his listing on the Vietnam Casualty Roster.  He is therefore entitled to have the award shown on his DD Form 214.

2.  Additionally, after reviewing his case, it was noted that the applicant is entitled to two Bronze Service Stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation and is entitled to a correction of his records to show these awards.

3.  Similarly, the applicant’s service was meritorious, as evidenced by his promotion to specialist.  Since the record is also devoid of any evidence of disciplinary action taken against him or lost time during his service, it would appear that the absence of the Army Good Conduct Medal for the period of his service from 17 November 1965 through 27 August 1967, was an oversight and he is entitled 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 one Bronze Oak Leaf Cluster to be worn on his Purple Heart for wounds received in Vietnam on 17 June 1967; and

b.  showing he was awarded the Army Good Conduct Medal, two Bronze Service Stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Civil Actions Honor Medal-First Class, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

___mhm_  ____jns__  ___jtm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_______________________
		        CHAIRPERSON

INDEX

CASE ID	AR200273696	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030325	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.