PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  17 June 2003
	DOCKET NUMBER:  AR2003085012

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Marla J. Troup		Member	
	Mr. Herbert O. Fry		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 his Bronze Star Medal citation shows he was wounded in the back.

4.  The applicant’s military records show that he was inducted into the Army on 15 April 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam on or about 22 September 1968 and was assigned to Company B, 1st Battalion, 8th Infantry, 4th Infantry Division.

6.  The applicant was awarded the Bronze Star Medal with "V" device by Headquarters, 4th Infantry Division on General Orders Number 5146, dated        5 August 1969, for action on 25 March 1969.  The citation reads in part, "…(the applicant) suddenly came under intense enemy fire, wounding him and throwing him down the steep ridge.  Undaunted by his wounds…"  

7.  The applicant departed Vietnam on 24 August 1969.  He was honorably released from active duty on 14 April 1970 after completing 2 years of creditable active service with no lost time.

8.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with 4 bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Sharpshooter Qualification Badge with Rifle bar.

9.  The applicant's separation physical noted that he had several small fragmentation wound scars on his upper back.

10.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as excellent throughout his service.  He has no record of disciplinary actions in his files.

11.  Army Regulation 600-8-22 (Military Awards) states 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 by a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 1st Battalion, 8th Infantry, it was twice cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for two separate periods, by Department of the Army General Orders (DAGO) Number 3, dated 1970, and DAGO Number 52, dated 1971.

14.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970.

CONCLUSIONS:

1.  The Board accepts the citation on the orders awarding the applicant the Bronze Star Medal with "V" device as sufficient evidence to show he was wounded in action on 25 March 1969.  Therefore, the Board concludes he is entitled to award of the Purple Heart and it should be added to his DD Form 214. The Bronze Star Medal with "V" device should also be added to his DD Form 214.

2.  The applicant meets the eligibility criteria for award of the Army Good Conduct Medal.  The Board concludes he should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.

3.  The applicant was assigned to a unit during a period of time that unit was twice cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (for two separate periods).  Although he may wear only one Republic of Vietnam Gallantry Cross with Palm Unit Citation, both unit awards should be added to his DD Form 214.

4.  The applicant was also assigned to a unit during a period of time that unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be amended to add this unit award.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received on    25 March 1969 and the Army Good Conduct Medal for the period 15 April 1968 through 14 April 1970.

2.  That the applicant's DD Form 214 be amended to add the Purple Heart, the Bronze Star Medal with "V" device, the Army Good Conduct Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

__fe___  __mt____  __hf____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn__
		        CHAIRPERSON

INDEX

CASE ID	AR2003085102	
SUFFIX		
RECON		
DATE BOARDED	20030617	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.