PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            25 May 2000                  
	DOCKET NUMBER:   AR1999033507

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr. 		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Kenneth L. Wright		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 correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Purple Heart and the second award of the Bronze Star Medal.

3.  The applicant states that he received the Bronze Star Medal for service in the 3rd Battalion, 187th Infantry and the second award of the Bronze Star Medal for service in the 326th Medical Battalion.  He contends that he was wounded in action by friendly fire and the wounds caused him to be sent home for stateside duty.  He further states that when the Bronze Star Medal was to be written in his record for Headquarters and Headquarters Company, 3rd Battalion, 187th Infantry, he was told that he could not have two awards; therefore, he did not receive the second Bronze Star Medal.  In support of his application, he submits a copy of his DD Form 214, a letter to his father from the Commanding General of Brooke Army Medical Center, and an article announcing parking privileges for certain veterans.

4.  The applicant’s military records show that he entered active duty on 24 June 1968 and completed training as a medical specialist.  He served in Vietnam from 2 December 1968 through 31 October 1969 and was honorably discharged on 2 November 1970.

5.  The applicant’s DD Form 214 does not show the Purple Heart or the second award of the Bronze Star Medal as authorized awards.  The Board notes that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, the Presidential Unit Citation, and the Vietnam Service Medal with three bronze service stars which are not shown on his discharge document.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) shows the type written entry “gun shot wound to right knee, date unknown”, in item 40 (Wounds).  However, there is no indication in his personnel or medical records that he was wounded as a result of hostile action.

7.  The applicant’s DD Form 214 shows entitlement to one award of the Bronze Star Medal.  There are no orders in the applicant’s service personnel records which show that he was awarded the second award of the Bronze Star Medal, and there is no evidence that he was recommended for the second award of the Bronze Star Medal.  The applicant did not provide a copy of orders or an award certificate in support of his claim for this award. 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970.  He was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971; the Meritorious Unit Commendation by Department of the Army General Orders Number 39, dated 1970; and the Presidential Unit Citation by Department of the Army General Orders Number 16, dated 1972.

9.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award.  His DA Form 20 shows he received credit for participation in the Vietnam Counteroffensive Phase VI and the Tet 69 Counteroffensive in item 39 (Campaigns).  Army Regulation 600-8-22, Table B-1, shows he was also entitled to credit for participation in the Vietnam Summer/Fall 1969 campaign.

10.  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. 

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

12.  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.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The Board noted the letter provided by the applicant which indicates he was admitted to Brooke General Hospital on 10 November 1969 for treatment of injuries he sustained in Vietnam.  However, this document does not show that the applicant was wounded or injured as a result of hostile action.  In the absence of any other corroborating evidence of record which shows that the applicant was wounded or injured as a result of hostile action, this document alone is not sufficient as the basis for award of the Purple Heart.

3.  There is no evidence of record which shows the applicant was recommended for or awarded the second award of the Bronze Star Medal; therefore, he is not entitled to correction of his records to show two awards of the Bronze Star Medal.

4.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation and the Presidential Unit Citation.

5.  Evidence of record shows that the applicant received credit for participation in three campaigns during his tour in Vietnam; therefore, his DD Form 214 will be amended to show the Vietnam Service Medal with three bronze service stars.

6.  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 the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, the Presidential Unit Citation and the Vietnam Service Medal with three bronze service stars.

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

BOARD VOTE:  

EJA____  EWL_____  KLW_____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elzey J. Arledge, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR1999033507	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000525	
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.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.