PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 October 2003                  
	DOCKET NUMBER:   AR2003086704

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston 		Chairperson	
	Ms. Margaret K. Patterson 		Member	
	Mr. Arthur A. Omartian		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 his records be corrected to show he was awarded the Purple Heart, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and the Distinguished Unit Citation.  He requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show that his Army Commendation Medal is with a “V” device.  He also requests copies of his decorations that were not issued.

3.  The applicant states that he would like to have his records cleaned up and properly show all of his awards and decorations.  He states that he was wounded in combat and medically evacuated first to Japan and then to St. Albans Naval Hospital in New York.  He believes that this is why his awards are not properly reported or issued.  He states that he has not received the medals for the Vietnam Service Medal, the Vietnam Campaign Medal, or the National Defense Service Medal.

4.  His records show that he entered active duty on 28 April 1965.  He served as an infantryman with Company A, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division in Vietnam from 28 January 1966 through 21 July 1966.

5.  His medical records show that he sustained shrapnel wounds to his legs and an injury to his left shoulder on 9 June 1966.  The record shows he was first hospitalized in the 106th General Hospital with transfer to the 101st General Hospital, Japan, on 25 June 1966, and to the St. Albans Naval Hospital, New York, on 18 July 1966.

6.  The St. Albans admission note states that he had received shrapnel wounds to his legs and an injury to his left shoulder in Vietnam.  The physical findings show several well-healed shrapnel wounds to his legs and palsy of the anterior serratus muscle of the left shoulder with complaints of weakness of the left shoulder.  

7.  He completed his obligated service and was released from active duty with transfer to the Reserve on 24 May 1967.  His DD Form 214 lists his decorations as the Army Commendation Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Parachutist Badge.

8.  His DA Form 20 shows his authorized decorations as the Army Commendation Medal with “V” device, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Parachutist Badge, and Marksman Badge.  It also indicates that he was not issued the medals for the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

9.  His records contain a copy of Headquarters, 1st Brigade, 101st Airborne Division, General Orders 342, dated 7 August 1967 awarding him the Army Commendation Medal with “V” device for heroism on 20 April 1966.

10.  A review of the Vietnam Casualty Report shows he was hospitalized as a result of wounds sustained in action against a hostile force on 9 June 1966.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

13.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include the Vietnam Counteroffensive, ending 30 June 1966; and the Counteroffensive Phase II, ending 31 May 1967.

CONCLUSIONS:

1.  The applicant received combat wounds on 9 June 1966 for which he was hospitalized.  Therefore, he should be awarded the Purple Heart.  

2.  The applicant’s DD Form 214 is incomplete.  It does not show award of the Marksman Badge with Rifle Bar, the “V” device for his Army Commendation Medal, two bronze service stars for his Vietnam Service Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

3.  Therefore, his records should be corrected to show his awards as the Army Commendation Medal with “V” device, the Purple Heart, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Parachutist Badge, and Marksman Badge with Rifle Bar.

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors.

RECOMMENDATION:

1.  That his records be corrected by showing his awards include the Purple Heart, the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Parachutist Badge, Marksman Badge with Rifle Bar, a “V” device for wear on his Army Commendation Medal, and two bronze service stars for wear on the Vietnam Service Medal.

2.  That he be issued a complete set of all pertinent authorized awards.

BOARD VOTE:  

__JHL___  __MKP__  ___AAO_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2003086704	
SUFFIX		
RECON		
DATE BOARDED	20031023	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.