PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:          13 November 2003   
	DOCKET NUMBER:  AR2003089114

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Eloise C. Prendergast		Member	
	Mr. Ronald E. Blakely		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 a third award of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster). 

3.  The applicant states, in effect, that he is entitled to a third award of the Purple Heart because he was burned on 28 February 1967 in Vietnam.  In support of his application, he submits two DD Forms 214 (Report of Transfer or Discharge) for the periods ending 20 May 1968 and 20 May 1965 and a copy of his DA Form 
20 (Enlisted Qualification Record).

4.  The applicant’s military records show that he enlisted on 6 November 1962 for a period of 3 years.  He served as a light weapons infantryman in Germany and was discharged on 20 May 1965 for immediate reenlistment.  He reenlisted on 
21 May 1965 for a period of 3 years.  The applicant served as light weapons infantryman assigned to Company B, 1st Battalion, 8th Cavalry of the 1st Cavalry Division in Vietnam from 12 October 1966 through 8 October 1967 and was released from active duty on 20 May 1968.

5.  The applicant's DD Form 214 for the period ending 20 May 1968 shows the Army of Occupation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Purple Heart with First Oak Leaf Cluster, the Silver Star, the Bronze Star Medal, and the Air Medal with First Oak Leaf Cluster as authorized awards.

6.  1st Cavalry Division (Airmobile) General Orders Number 3904, dated 
30 November 1966, show the applicant received the Purple Heart for wounds received in action on 18 November 1966.

7.  1st Cavalry Division (Airmobile) General Orders Number 4195, dated 
27 December 1966, show the applicant received the Purple Heart for wounds received in action on 6 December 1966.

8.  The applicant's DA Form 20 shows that he was wounded on 18 November 1966 (punji stake in left leg) and on 6 December 1966 (punji stake in right foot) in item 40 (Wounds).

9.  The Vietnam Casualty Roster also shows the applicant was wounded in action on 18 November 1966 and on 6 December 1966.
 
10.  There is no evidence in the applicant's service personnel records which shows that he was wounded a third time as a result of hostile action in Vietnam.

11.  In support of his claim, the applicant provided a copy of his DA Form 
20 which shows that he was hospitalized in Vietnam from 28 February 1967 through 17 April 1967.  
12.  The applicant's separation physical examination, dated 1 April 1968, shows he received burns to his left leg in Vietnam.  However, there is no evidence which shows that these burns were the result of hostile action.

13.  The applicant's service personnel records show that he participated in two campaigns during his assignment in Vietnam.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit was cited for award of the Presidential Unit Citation during the period 9 November to 12 December 1966 by Department of the Army General Orders Number 2, dated 1973.
      
15.  Department of the Army Pamphlet 672-3 also shows the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart 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 must have required treatment, and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

17.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action on two occasions in Vietnam and he received two awards of the Purple Heart.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded a third time in Vietnam as a result of hostile action.  Therefore, there is insufficient evidence on which to base award of the Purple Heart with Second Oak Leaf Cluster in this case. 

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 for the period ending 20 May 1968 to show these awards.   

3.  The applicant's unit was cited for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period he was assigned to the unit.  Therefore, his DD Form 214 for the period ending 20 May 1968 should be corrected to show these unit citations. 

4.  In view of the foregoing findings and conclusions , it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Vietnam Service Medal with two bronze service stars, the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

2.  That so much of the application as pertains to award of the Purple Heart with Second Oak Leaf Cluster be denied.

BOARD VOTE:  

AAO___  ECP____  REB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2003089114	
SUFFIX		
RECON		
DATE BOARDED	20031113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.