PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           22 October 2002
	DOCKET NUMBER:   AR2002073883

	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	
	M r. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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 his military record be corrected 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 Vietnam.  The injury was cited in his award of the Bronze Star Medal with "V" Device.

4.  The applicant’s military records show that he entered the Regular Army on 12 November 1968, and completed training as a field wireman.  He achieved the rank of specialist and was transferred to the US Army Reserve on 4 November 1970.  His character of service was honorable.

5.  He served in Vietnam from 5 May 1969 through 28 August 1969, assigned to the 2nd Battalion, Airmobile, 320th Artillery, 101st Airborne Division.

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 Good Conduct Medal, the Vietnam Campaign Medal, the Bronze Star Medal, and the Marksman Badge M14.  Neither the Purple Heart nor the Bronze Star Medal with “V” Device are listed as an authorized award. 

7.  In the applicant's records is General Orders 3102, issued by Headquarters, 101st Airborne Division on 22 March 1970, awarding him the Bronze Star Medal with "V" Device for actions in Vietnam on 10 August 1969.  It states that the applicant while in ground combat against the enemy was wounded twice.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds) reflects that he suffered an injury to his right leg and left foot on 10 August 1969. 

9.  His record also shows that according to Special Orders 18, issued by Headquarters 197th Infantry Brigade, the applicant qualified as a sharpshooter with the rifle on 19 December 1969.

10.  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.

11.  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.

12.  The same regulation provides 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 to be worn on his Vietnam Service Medal for participation in the Tet 69 Counteroffensive and the Vietnam Summer-Fall, 1969 campaigns.

13.  The same regulation provides that the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1970 through 3 March 1971 by Department of the Army General Order Number 6, dated 1974, 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 Order Number 48, dated 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 10 August 1969, as authenticated by his DA Form 20, and orders awarding him the Bronze Star Medal with "V" Device.  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 Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Bronze Service Stars to be worn on his Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with rifle bar.

3.  Lastly, the Bronze Star Medal entry on his DD Form 214 should be corrected to read Bronze Star Medal with "V" Device, as there is no evidence in his record showing that he was awarded the Bronze Star Medal for meritorious service.

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 10 August 1969; 

b.  showing he was awarded the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Bronze Service Stars to be worn on his Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with rifle bar; and

c.  correcting the Bronze Star Medal entry on his DD Form 214 to read Bronze Star Medal with "V" Device.

BOARD VOTE:  

__fne____  ___slp__  ___eja __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Fred N. Eichorn___________
		        CHAIRPERSON

INDEX

CASE ID	AR2002073883	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021022	
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.