PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           06 NOVEMBER 2003                    
	DOCKET NUMBER:  AR2003087917

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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 records be corrected to reflect award of the Purple Heart, Army Commendation Medal with "V" device, and a Bronze Star Medal.  He states that he has copies of the Army Commendation Medal and Bronze Star Medal awards but not the Purple Heart.  He states that he is receiving disability compensation for his wound.  Although he submits copies of his Army Commendation Medal award order, and a copy of his Bronze Star Medal award certificate, he does not submit any evidence in support of his request for the Purple Heart.

3.  Records available to the Board indicate that the applicant was inducted and entered active duty on 9 December 1966.  He was initially assigned to Fort Lewis, Washington, as an infantryman but was reassigned to Vietnam in June 1967.

4.  While in Vietnam the applicant was assigned to the 1st Battalion, 18th Infantry, which was part of the 1st Infantry Division.  He was awarded the Combat Infantryman Badge.

5.  Orders issued by the 1st Infantry Division on 2 April 1968 confirm that the applicant was awarded the Army Commendation Medal with "V" device for his heroic actions on 3 December 1967.  The award, however, was omitted from his separation document.

6.  The applicant departed Vietnam in June 1968 and returned to Fort Lewis, Washington, where he remained until he was released from active duty on 
9 December 1968.

7.  Although the applicant's record does not contain copies of orders confirming his award of the Bronze Star Medal, the award certificate provided by the applicant in support of his application notes that he was awarded the Bronze Star Medal for his heroic actions on 8 February 1968.  Major General Keith L. Ware, commander of the 1st Infantry Division, authenticated the award certificate on 
5 August 1968, after the applicant had already departed Vietnam.  

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

9.  There is no evidence, in available records, which confirms that the applicant was wounded in action.  Item 40 (wounds) on his Department of the Army Form 20 (Enlisted Qualification Record) is blank, and the applicant's name is not among a list of individuals reported as combat casualties during the Vietnam War.  The applicant's separation physical examination, conducted on 4 October 1968, also makes no mention of any wounds incurred as a result of hostile action.

10.  A review of Department of the Army Pamphlet 672-3 indicates that the applicant's unit (1st Battalion, 18th Infantry) participated in three designated campaign periods (Vietnam Counteroffensive Phases III and IV, and TET Counteroffensive) while he was a member of the organization.  His campaign participation should be reflected with the addition of three bronze service stars to the Vietnam Service Medal that is reflected on his separation document.  The pamphlet also indicates that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a Valorous Unit Award, while the applicant was assigned.  The unit awards were also omitted from his separation document.

CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded an Army Commendation Medal with "V" device.  His records should be corrected to reflect that decoration.

2.  The Board notes that there are no orders in the applicant's available records awarding him the Bronze Star Medal for heroism, however, his award certificate is signed by the appropriate commander, and the date of the heroic act covered by the award coincides with the applicant's dates of service in Vietnam.  The fact that the certificate was issued after the applicant’s departure from Vietnam could explain the absence of the award on his separation document.  In the absence of orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to the Bronze Star Medal for heroism and, in the interest of justice, concludes it would be appropriate to add the award to his separation document.

3.  Unfortunately there is no evidence which confirms that the applicant was wounded in action.  In the absence of such evidence, the Board concludes there is no basis for an award of the Purple Heart.

4.  The applicant is also entitled to three bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a Valorous Unit Award.  That information should also be added to his separation document.

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 that the individual concerned was awarded the Army Commendation Medal with "V" device;

	b.  by confirming his award of the Bronze Star Medal for heroism; and

	c.  by showing that he is entitled to three bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a Valorous Unit Award.

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

BOARD VOTE:  

__SK ___  __RJW __  __MMB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Stanley Kelley______
		        CHAIRPERSON

INDEX

CASE ID	AR2003087917	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031106	
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.