PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             8 March 2000
	DOCKET NUMBER:    AR1999030348

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 his records be corrected to show he was awarded three Purple Hearts (PH) and the Bronze Star Medal (BSM). 

3.  The applicant states, in effect, that he does not have the BSM and only one PH is recorded in his records.  In support of his application, he has provided a copy of a PH Certificate which shows he was awarded the PH for wounds received in action on 11 March 1969.  In addition, he provided a second PH Certificate, which shows he was awarded the 1st Oak Leaf Cluster (OLC) to the PH, for wounds received in action on 18 November 1969.  

4.  The applicant’s military records show that on 27 February 1968, he was inducted into the Army of the United States for 2 years.  He successfully completed basic training and advanced individual training (AIT) at Fort Polk, Louisiana.  Upon completion of AIT he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was assigned to Fort Hood, Texas for his first permanent duty station.

5.  In November 1968, the applicant was reassigned to Vietnam, where he arrived on 6 December 1968.  He was assigned to Company A, 1st Battalion, 
69th Armor, 4th Infantry Division.  While assigned to this unit he performed duties in MOS 11E (Armor Infantryman), as both a loader and tank driver.

6.  His qualification record (DA Form 20) shows that on 18 September 1969, he was promoted to the rank of specialist/E-5, which is the highest rank he attained while on active duty.  In addition, block 41 (Awards and Decorations) of the 
DA Form 20 shows that he earned the National Defense Service Medal (NDSM) the M-16 Marksman (MM) Badge, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal (VCM); the PH, and 2 Overseas Service Bars
(O/S Bars).  His Military Personnel Records Jacket (MPRJ) does contain the order which authorized his first PH.  However, there is no other information, either in the MPRJ or the DA Form 20, which indicates the applicant earned any other awards or decorations during his tenure in service.

7.  On 4 December 1969, the applicant departed Vietnam and on 6 December 1969, he was honorably discharged, after completing 1 year, 9 months, and 
10 days of active military service.  At the time of his separation he was issued a 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which shows he earned the following awards and decorations:  the NDSM; the VSM; the VCM; the M-16 MM Badge; and 2 O/S Bars.  

8.  On 15 December 1999, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued to the applicant, which added his first PH to his records.  

9.  The applicant provided a copy of a PH Certificate, dated 24 November 1969, signed by a major general commander, which indicates that he earned the 
1st OLC, or second award, of the PH.  The award was given for wounds he received in action on 18 November 1969.  There is no information in the 
DA Form 20 or the MPRJ to support this award or any other award of the PH.  In addition, the record is void of any information pertaining to the recommendation or award of the BSM.  

10.  Army Regulation 600-8-22 (Military Awards) provides the policy and criteria concerning individual military awards.  Paragraph 3-13, establishes the criteria for award of the BSM.  It provides for award of the BSM to members who distinguished themselves by heroic or meritorious achievement or service, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  Award of the BSM is made for acts of heroism, performed under circumstances described above, which are of lesser degree than required for the award of the Silver Star; and for single acts of merit or meritorious service of a lesser degree than that required for the award of the Legion of Merit.

11.  Paragraph 2-17, provides the rules for processing the award of the PH.  It states, in pertinent part,  that the PH is awarded to eligible soldiers who have been wounded or killed, or who has died or may hereafter die after being wounded in any action against an enemy of the United States.  The regulation establishes that the wound for which the award of the PH is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  Corroborating evidence for the award of the PH may consist of sworn eyewitness statements or affidavits; casualty reports or messages; or unit and medical journals; and other such documentation as necessary to corroborate the award. 

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), which establishes the eligibility of individual members for unit awards earned during the Vietnam Conflict, shows that the applicant is eligible for unit awards not contained in his record for his service in Vietnam.  Table 11 of the pamphlet indicates that members of the 69th Armor earned the Republic of Vietnam Gallantry Cross (RVNGC) w/Palm if they served with the unit during the period 1 Aug 67-28 Jul 69, this award was authorized by Department of the Army General Order (DAGO) 38 and amended in DAGO 3, both issued in 1970.  Further, the table shows that members of this unit earned the Republic of Vietnam (RVN) Civil Actions Honor Medal if they served during the period 1 Aug 67-31 Oct 69, which was authorized in DAGO 53, issued in 1970.

CONCLUSIONS:

1.  The Board verified that the applicant’s record is in error because it does not include the second award (1st OLC) of the PH, as evidenced by the PH certificate submitted by the applicant with his request.  Therefore, in the interest of justice, this error should be corrected at this time.

2.  The Board noted the applicant’s contentions that his record should include a third award of the PH and the BSM.  However, these claims are not supported by either the evidence or record or the independent evidence submitted by the applicant.  The Board found no indication in the MPRJ that the applicant was ever recommended for or awarded either the third award of the PH or the BSM. Therefore, the Board concluded there was no basis for relief in these areas. 

3.  While not a matter of record, the Board determined the applicant is entitled to receive the RVNGC w/palm and the RVN Civil Actions Honor Medal, based on his service with the 69th Armor in Vietnam.  Although these awards were authorized subsequent to the applicant’s discharge, the Board found it appropriate, in the interest of equity, to add these awards to the applicant’s record 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:

a.  by showing that the individual concerned earned the 1st OLC to the PH for wounds received in action on 18 November 1969; and 

b.  by showing that he earned the RVNGC w./palm and the RVN Civil Actions Honor Medal for his service with the 60th Armor in Vietnam.

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

BOARD VOTE:  

___eja___  __ewl___  ____rvo_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V O’Connor Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR1999030348	
SUFFIX		
RECON		
DATE BOARDED	2000/03/08	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1969/12/06	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1. 46	107.0000	
2.		
3.		
4.		
5.		
6.