PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           12 August 03                  
	DOCKET NUMBER:   AR2003087220

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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, in effect, that he be awarded the Purple Heart (PH) and Bronze Star Medal (BSM) with Valor (“V”) Device.  

3.  The applicant states, in effect, that his unit commander recommended he be awarded the PH and BSM with “V” Device.  

4.  The applicant’s military records show that on 8 January 1969 he was inducted into the Army of the United States for 2 years.  He was trained in and awarded military occupational specialty 13A (Field Artillery) and he continuously served on active duty until 8 January 1971, at which time he was honorably separated by reason of expiration term of service.

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist four/E-4 (SP4/E-4).  It also confirms that he served in the Republic of Vietnam (RVN) from 11 June 1969 through 10 June 1970 and was assigned to Battery C, 
5th Battalion, 16th Artillery, 4th Infantry Division.  Block 40 (Wounds) is blank and contains no entry indicating that he was ever wounded in action.  

6.  Block 41 (Awards and Decorations) of the applicant’s DA Form 20 does not include the BSM with “V” Device or the PH in the list of authorized awards contained therein.  The awards entered in this block include the following:  Army Commendation Medal (ARCOM); Army Good Conduct Medal (AGCM); National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM) with 60 Device; and Expert Marksmanship Qualification Badge with Rifle Bar.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 list the following awards he earned during his tenure on active duty: NDSM; VSM; RVNCM with 60 Device; Expert Marksmanship Qualification Badge with Rifle Bar; AGCM; and two Overseas Bars.  The PH and BSM with “V” Device are not included in this list of awards.  

8.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or documents that verify that the applicant was ever wounded in action.  Further, there is no indication that he was ever recommended for or awarded either the PH or BSM with “V” Device while serving on active duty.  

9. In connection with the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The applicant’s name was not included in this official DA list of RVN casualties. 

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 1 contains guidance on recommendation and award procedures and responsibilities.  It specifies, in effect, that members must be recommended for individual awards.  

11.  Paragraph 2-8 of the awards regulation provides guidance on awarding the PH.  It states, in pertinent part, that the PH 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 required treatment by a medical officer, and this medical treatment must have been a matter of official record.  

12.  Paragraph 2-13 of the same regulation contains guidance on the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this medal for each campaign a member participated in during his assignment tenure in the RVN.  Table B-1 lists all campaigns, service requirements, and inscriptions for streamers.  It confirms that based on his tenure of service in the RVN, he is entitled to campaign participation credit for the following three campaigns:  TET 69 Counteroffensive, 1969; Vietnam 
Summer-Fall, 1969; and Vietnam Winter-Spring, 1970.  

13.  Paragraph 3-13 of the awards regulation provides guidance on awarding the BSM.  It states, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service.  It also stipulates that a
 “V” Device is authorized with this award to denote it was awarded for heroism.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document confirms that during his assignment tenure, the applicant’s unit (Battery C, 5th Battalion, 16th Artillery, 4th Infantry Division) was awarded the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the BSM with “V” Device and the PH.  However, it finds insufficient evidence to support this claim.  

2.  There is no evidence of record or independent evidence provided by the applicant that shows he received a wound or injury in action, or demonstrates that he performed an act of valor against the enemy that entitles him to receive the BSM with “V” Device.  Further, his record is void of any indication that he was ever recommended for or awarded either the PH or BSM with “V” Device.
3.  During its review of this case, the Board did discover that based on his service and campaign participation in the RVN, the applicant is entitled to three bronze service stars with his VSM, RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross with Palm Unit Citation.  Therefore, the Board concludes that it would be appropriate to add these awards to his records at this time.

4.  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 showing that he is entitled to three bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that reflects these awards. 

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

BOARD VOTE:  

__WDP__  __TSK__  __FCJ__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ted S. Kanamine
		 CHAIRPERSON

INDEX

CASE ID	AR2003087220	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.60 	107.0014	
2. 61	107.0015	
3.		
4.		
5.		
6.