PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           16 SEPTEMBER 2003                   
	DOCKET NUMBER:   AR2003086762

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of          three Purple Hearts, two Bronze Star Medals with “V” device, and an Army Commendation Medal for Valor.

3.  The applicant states that the awards were left off his DD Form 214, and that the Army Commendation Medal that is on his DD Form 214 should be for Valor.  He feels that he fully deserves to have the awards added to his DD From 214 due to his being wounded in defense of his country, and the fact that they were indeed awarded to him.  In support of his request the applicant provides a copy of his DD Form 214, and copies of orders for the Purple Heart and the Bronze Star Medal for Heroism.

4.  The applicant’s military records show that he enlisted in the Regular Army on 12 September 1966, for a period of three years.  He served in Vietnam from December 1967 to November 1968.

5.  General Orders 40, dated 25 February 1968, awarded the applicant the Purple Heart for wounds he received on 24 February 1968.

6.  Orders issued by the 3rd Field Hospital on 27 September 1968, awarded the applicant the Purple Heart (Second Award) for wounds he received on              26 September 1968.

7.  Orders issued by the 9th Infantry Division on 10 November 1968 awarded the applicant the Purple Heart (First Oat Leaf Cluster) for wounds he received on 
25 September 1968.  

8.  The applicant’s records contain a 13 October 1980 letter, from the applicant to the National Personnel Records Center, wherein he states that he was wounded twice while in Vietnam, once in February 1968 and again in September 1968.  He makes no mention of being wounded a third time.

9.  The applicant was awarded a Bronze Star Medal for valor as a result of his heroic actions on 19 March 1968.  His records however, contain two different orders awarding him this same decoration.  Both orders were issued by the        9th Infantry Division, one on 5 June 1968, and the other on 17 June 1968.  His separation document does not reflect a Bronze Star Medal with “V” device.  

10.  Orders also confirm the applicant was awarded the Army Commendation Medal, for the period 31 January 1968 to 13 August 1968, for achievement in connection with military operations in the Republic of Vietnam.  His separation document should reflect award of the Army Commendation Award.  

11.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement or meritorious service.  As with all
personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  A review of Department of the Army Pamphlet 672-3 notes that the applicant’s unit (Company E, 3rd Battalion, 39th Infantry, 9th Infantry Division) was awarded a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Valorous Unit Award, and participated in five designated campaign periods (Vietnam Counteroffensive Phase III, Phase IV, Phase V, and Phase VI, and the TET Counteroffensive) while he was a member of the organization.  The unit awards, and a silver service star on his Vietnam Service Medal, denoting his campaign participation were omitted from his separation document.    

CONCLUSIONS:

1.  Evidence shows the applicant was awarded the Bronze Star Medal with “V” device for military actions on 19 March 1968, and as such it would be appropriate to correct his records to show award of one Bronze Star Medal with “V” device.  Although there are two different orders in the applicant’s records they were both issued for the same decoration.  There is no evidence to confirm a second award.  

2.  Evidence shows that the applicant is entitled to two Purple Heart awards for being wounded twice in the Republic of Vietnam.  He was wounded the first time in February 1968, and a second time in September 1968, as attested to by a statement from the applicant to the National Records Center.  His records should be corrected to show these awards.  It appears the applicant’s award of the second Purple Heart was issued by the 3rd Field Hospital on 27 September 1968 and then again by the 9th Infantry Division of 10 November 1968.  There is no evidence in the available records to show the applicant was wounded a third time.

3.  The applicant’s DD Form 214 correctly reflects his award of the Army Commendation Medal.  There is no evidence in the available records to substantiate his claim that it was awarded for valor.

4.  The Board also notes that the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with palm, and a silver service star on his Vietnam Service Medal to denote his participation in five campaign periods.

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:

a.  by showing the applicant was awarded two Purple Hearts, and the Bronze Star Medal with “V” device; and 

	b. by awarding him the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with palm, and a silver service star on his Vietnam Service Medal.  

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__FNE __  __MHM  _  __KAH  _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003086762	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030916	
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.	107.00	
2.		
3.		
4.		
5.		
6.