PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           25 September 2003                  
	DOCKET NUMBER:  AR2003088873

	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. John N. Slone		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Linda D. Simmons 		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 Service Bars. 

3.  The applicant states, in effect, that he is entitled to the PH based on an injury he received from an incoming mortar round while serving in the Republic of Vietnam (RVN), and his separation document (DD Form 214) does not include this award.  He also claims that he is entitled to receive Service Bars for the time he served.  In support of his application, he submits a copy of his DD Form 214. 

4.  The applicant’s military records show that that he was inducted into the Army and entered active duty on 20 April 1967.  He was trained and served in military occupational specialty (MOS) 52B (Power Plant Operator), and he was honorably released from active duty (REFRAD) on 18 April 1969.  

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that the applicant served in the RVN from 6 November 1967 to 4 November 1968.  Item 40 (Wounds) is blank and contains no entry that indicates that he was ever wounded or injured in action.  His Military Personnel Records Jacket (MPRJ) contains no orders or other documents showing that he was ever wounded or injured in action, or that he was recommended for or awarded the PH.  

6.  The DD Form 214, issued to and signed by the applicant on the date of his separation from the Army shows that he earned the following awards during his tenure on active duty:  Army Commendation Medal; Good Conduct Medal; National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with 60 Device; and Sharpshooter Marksmanship Qualification Badge with 
Rifle Bar. 

7.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster in order to determine if the applicant was reported as a combat casualty during his service in the RVN.  The applicant’s name does not appear on this official DA list of RVN casualties.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes the policy and procedures for the Army’s awards program.  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 medical treatment, and that this medical treatment was made a matter of official record.

9.  Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.  
10.  Table B-1 of the awards regulation lists all campaigns and it confirms that the applicant should receive credit for the following four campaigns based on 
his tenure of assignment in the RVN:  Vietnam Counteroffensive Phase III; 
TET Counteroffensive 1968; Vietnam Counteroffensive Phase IV; and 
Vietnam Counteroffensive Phase V.  

11.  Service Stripes and Overseas Bars are not official awards and are not governed by the awards regulation.  Guidance on wear of these accouterments with the Army uniform is contained in chapter 28, Army Regulation 670-1.  It states, in pertinent part, that one service stripe is authorized for wear for each three year period of honorable active duty service, and one overseas bar is authorized for wear for each six month period of service in the RVN.  

12.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to receive the PH for wounds he received in action while serving in the RVN.  However, it finds insufficient evidence to support this claim.  By regulation, the PH is authorized for personnel who are wounded or injured as a result of hostile action.  In order to support awarding the PH, there must be evidence to show that the wound or injury for which the award was being made was treated by military medical personnel, and this treatment must have been made a matter of official record.  

2.  The evidence of record is void of any indication that the applicant ever sustained or was treated for a wound he received in action while serving in the  RVN, or that he was ever recommended for or awarded the PH.  Further, his name is not listed in the official DA Vietnam Casualty Roster.  

3.  The applicant is advised that Service Stripes and Overseas Bars are authorized accouterments for wear on the Army uniform, and are not authorized Army awards.  While the applicant was authorized to wear two Overseas Bars on his uniform based on his RVN service, these accouterments would not be added to the list of authorized awards contained on his separation document.  Thus, there is no error or injustice related to the omission of these items from his 
DD Form 214.  

4.  During its review of this case, the Board did find that the applicant is entitled to awards that are not listed in his record or on his DD Form 214.  Based on his RVN service and campaign participation, the applicant is entitled to 4 bronze service stars with his Vietnam Service Medal and to the RVN Gallantry Cross with Palm Unit Citation.  Therefore, the Board finds that it would be appropriate to add these awards to his record at this time.  

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 showing the individual concerned is entitled to 4 bronze service stars with his Vietnam Service Medal and to the RVN Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:  

_JS__  __LDS___  __RKS__        GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JOHN N. SLONE
		CHAIRPERSON

INDEX

CASE ID	AR2003088873	
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. 61	107.0015 	
2.		
3.		
4.		
5.		
6.