PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 October 2003                   
	DOCKET NUMBER:  AR2003089830

	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	
	Mrs. Victoria A. Donaldson		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		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 second award and third award of the Purple Heart, bronze campaign stars and any other awards to which he is entitled.

3.  The applicant states that they were omitted from his official military personnel file (OMPF).

4.  The applicant’s military records show that he entered active duty on 26 July 1965.  He successfully completed basic and advanced individual training and was awarded the military occupational specialty of 11B1P/Rifleman.  The applicant served in Vietnam from 28 January 1966 through 4 January 1967.  He served a second tour of duty in Vietnam from 18 December 1967 through 18 August 1968.  The applicant transferred to the United States Army Reserve on 19 July 1968 and then reentered active duty on 9 May 1970.  The applicant served a third tour of duty in Vietnam from 4 July 1970 through 13 February 1972.  The applicant was honorably discharged on 8 February 1974.

5.  The applicant's records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 19 July 1968, a DD Form 214 with an effective date of 19 January 1970 and a DD Form 214 with an effective date of 8 February 1974.  

6.  The applicant's DD Form 214 with an effective date of 8 February 1974 shows one award of the Purple Heart.

7.  The applicant's records contain Department of the Army General Orders number 476, dated 17 April 1971 which awarded the applicant the Purple Heart for wounds sustained on 2 April 1971.

8.  The applicant's records contain Department of the Army General Orders number 1479, dated 16 July 1971 which awarded the applicant the Purple Heart for wounds sustained on 30 January 1971.

9.  There are no orders in applicant's records showing a third award of the Purple Heart.  However, the Vietnam Casualty Roster shows that the applicant was wounded as a result of hostile action on 20 March 1971. 

10.  Item 39 (Campaigns) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant participated in seven campaigns during his service in Vietnam.  However, the applicant's DD Form 214 only shows award of the Vietnam Service Medal recognizing the applicant's service in Vietnam.

11.  The Board noted that the applicant is entitled to additional service awards based on the his service while in Vietnam, specifically, he is entitled to one award of the silver service star and two bronze service stars for wear on his Vietnam Service Medal that are not shown on his discharge document.
12.  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 unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 18 April 1971 to 31 August 1971 by Department of the Army General Order Number 6, dated 1974.

13.  Army Regulation 600-8-22 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.

14.   Army Regulation 600-8-22 also provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

15.  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.  This regulation states that authorized bronze service stars will be worn on the appropriate service medal which in this case is the Vietnam Service Medal.

16.  Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he is entitled to a second award and a third award of the Purple Heart.  The Board noted that the applicant's discharge document shows one award of the Purple Heart.

2.  The Board noted that the applicant's records contain General Orders that awarded him the Purple Heart for wounds sustained on 30 January 1971 and orders that awarded him the Purple Heart for wounds sustained on 2 April 1971.  Therefore, the Board determined that the applicant is entitled to award of the Purple Heart (First Oak Leaf Cluster).

3.  The Board also noted that the Vietnam Casualty Roster shows the applicant was wounded in action a third time as a result of hostile action on 20 March 1971.  Therefore, the Board determined that there is sufficient evidence on which to base award of the Purple Heart (Second Oak Leaf Cluster) and that the applicant is entitled to award of the Purple Heart (Second Oak Leaf Cluster) in this case.

4.  The Board considered the applicant's contention that he entitled to bronze campaign stars.  The applicant's DA 20 shows that he participated in seven campaigns during his service in Vietnam.  Therefore, the Board determined that the applicant is entitled to one award of the silver service star and two bronze service stars.

5.  The Board considered the applicant's request for additional awards including unit awards.  The Board determined that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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 Purple Heart (Second Oak Leaf Cluster);

b.   by showing that the individual concerned was awarded one silver service star and two awards of the bronze service star to be affixed to his Vietnam Service Medal;

c.  by showing that the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

__RJW__  __LDS__  __MJT___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Mr. Raymond J. Wagner 
		        CHAIRPERSON

INDEX

CASE ID	AR2003089830	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/10/28	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.