PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 June 2000       
	DOCKET NUMBER:   AR1999034519

	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:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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 military records to show all awards and decorations shown in item 41 (Awards and Decorations) on his DA Form
20 (Enlisted Qualification Record) and his dates of service in Vietnam. 

3.  The applicant states that the awards and decorations listed on his DA Form 20 need to be placed on his DD Form 214 (Report of Transfer or Discharge).  He contends that a clerical error was made during his separation process.  In support of his application, he submits a copy of DD Form 214 with an effective date of 25 October 1972, a DD Form 214 with an effective date of 22 October 1968, separation orders from Vietnam and pages 1, 3 and 4 of a DA Form 
20 which was authenticated by the applicant on 17 March 1970.   

4.  The applicant’s military records show that he enlisted on 28 February 1966, served in Vietnam and was honorably discharged on 22 October 1968 for immediate reenlistment.  He reenlisted on 23 October 1968, served as an operations assistant and was honorably discharged on 25 October 1972. 

5.  The applicant’s DD Form 214 with an effective date of 22 October 1968 shows the Parachutist Badge and the National Defense Service Medal as authorized awards.  There are no dates of service in Vietnam shown on the discharge document.

6.  The applicant’s DD Form 214 with an effective date of 25 October 1972 shows the National Defense Service Medal and the Good Conduct Medal as authorized awards.

7.  The applicant provided copies of pages 1, 3 and 4 of a DA Form 20 which was authenticated on 17 March 1970.  This document contains typewritten entries in item 41 (Awards and Decorations) and shows entitlement to the Parachutist Badge, the Vietnam Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal, the Army Commendation Medal, the Bronze Star Medal with “V” Device, the Purple Heart, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksmanship Qualification Badge with Pistol Bar.  

8.  The DA Form 20 contained in the applicant’s personnel records was authenticated on 15 February 1972.  This document contains one typewritten entry and the other entries are handwritten in item 41 (Awards and Decorations) and show entitlement to the Parachutist Badge, the Vietnam Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal, the Army Commendation Medal, two awards of the Overseas Service Bar, the Good Conduct Medal, the Purple Heart, the Bronze Star Medal with “V” Device, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksmanship Qualification Badge with Pistol Bar.  

9.  Item 40 (Wounds) on the DA Form 20 provided by the applicant shows one entry “SCRAPNEL IN RIGHT KNEE AND UPPER PORTION OF LEG 5JAN67”.  Item 40 on the DA Form 20 contained in the applicant’s personnel records shows one entry “Grenade Fragments in upper right leg and right knee Dec 66”.  However, there are no General Orders in the applicant’s service personnel records which award him the Purple Heart and his name is not listed on the Vietnam Casualty microfiche.

10.  The DA Form 20 contained in the applicant’s personnel records shows that he was authorized the Bronze Star Medal with “V” Device based on “SO 1799 HQ, 101 ABN JAN 67” [Special Orders 1799 Headquarters, 101st Airborne, January 1967].  This special order is not in the applicant’s personnel records.  The other DA Form 20 shows that the applicant was authorized the Bronze Star Medal with “V” Device based on “HQ,1BDE,101ST ABN” [Headquarters, 
1st Brigade, 101st Airborne].  This entry does not list the order number and there is no evidence in the applicant’s personnel records which shows the Bronze Star Medal with “V” Device was authorized by any other order.    

11.  The applicant’s personnel records show he served in Vietnam from 
18 September 1966 through 16 September 1967 and participated in two campaigns (Vietnam Counteroffensive, Phase II, 1 July 1966 through 31 May 1967; and Vietnam Counteroffensive, Phase III, 1 June 1967 through 29 January 1968).   

12.  Headquarters, 1st Brigade 101st Airborne Division Special Orders Number 
17, dated 17 January 1967, shows the applicant was awarded the Combat Infantryman Badge.  This award is not shown on his discharge document.

13.  Headquarters, 1st Brigade 101st Airborne Division General Orders Number 1599, dated 8 August 1967, shows the applicant was awarded the Army Commendation Medal.  This award is not shown on his discharge document.

14.  Headquarters, 82d Airborne Division Special Orders Number 175, dated 
23 July 1970, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  This award is not shown on his discharge document.  There are no orders for any other marksmanship qualification badges in the applicant’s records.

15.  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 Meritorious Unit Commendation for actions during the period 29 July 1965 to 1 October 1966 by Department of the Army General Orders Number 1, dated 1969.  This award is not shown on his discharge document.   

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 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 21, dated 1969.  This award is not shown on his discharge document.

17.  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.

18.  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 “V” device indicates acts of heroism involving conflict with an armed enemy.

19.  Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, the Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.  Under wartime conditions authority to award military decorations may be delegated to appropriate General Officers and unit commanders.  During the Vietnam War approval for award of the Purple Heart was restricted to hospital commanders, major generals in command of divisions, or higher ranking general officers. Award of the Bronze Star Medal was delegated to commanding generals of separate brigades.    

20.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The regulation also 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.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

23.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the Overseas Service Bar.

24.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

25.  The regulation in effect at the time also required that service on or after 
5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

CONCLUSIONS:

1.  The Board notes that there are two different DA Forms 20 covering the same period of the applicant’s service and that these records contain different entries.  One record shows the applicant sustained “SCRAPNEL IN RIGHT KNEE AND UPPER PORTION OF LEG 5JAN67” and the other DA Form 20 shows “Grenade Fragments in upper right leg and right knee Dec 66”.  However, there are no General Orders in the applicant’s records to authorize award of the Purple Heart for the wounds listed on the DA Forms 20.  In view of the conflicting entries on the DA Forms 20, the fact he signed his DD Form 214 with an effective date of 22 October 1968 attesting to the fact that he was not awarded the Purple Heart, and the fact there are no General Orders authorizing award of the Purple Heart, the Board concludes that he was not entitled to award of the Purple Heart at the time in question and is not now entitled to that award. 

2.  There are no orders and the applicant has provided no orders which authorize him the Bronze Star Medal with “V” Device.  The Board noted the entry on his DA Form 20 which awarded him the Bronze Star Medal with “V” Device based on Special Orders 1799 promulgated by Headquarters, 101st Airborne Division in “Jan 67”.  However, in accordance with the governing regulation, the Bronze Star Medal with “V” Device must be announced in General Orders, not “Special Orders”.  Since there is no valid order awarding the Bronze Star Medal with “V” Device to the applicant and he signed his DD Form 214 attesting to the fact that he was not entitled to award of the Bronze Star Medal with “V” Device, the Board concludes that he was not entitled to award of the Bronze Star Medal with “V” Device at the time in question and is not now entitled to that award.      

3.  The applicant served in Vietnam from 18 September 1966 through 
16 September 1967 (total of 12 months) and participated in two campaigns.  Therefore, he is entitled to correction of his military records to show his dates of service in Vietnam, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal and two Overseas Service Bars.  

4.  The applicant was awarded the Combat Infantryman Badge, the Army Commendation Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his military records to show these awards.

5.  The applicant’s unit was cited for the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it; therefore, he is entitled to correction of his military records to show these awards. 

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:

a.  by showing that the individual concerned was awarded the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, the Overseas Service Bar (2), the Combat Infantryman Badge, the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214 with an effective date of 
22 October 1968; and  

	b.  by showing the entry “VIETNAM SERVICE:  660918-670916” in item 30 (Remarks) on the DD Form 214.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034519	
SUFFIX		
RECON		
DATE BOARDED	20000613	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19721025	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0073	
2.	107.0111	
3.	107.0020	
4.	107.0034	
5.	107.0094	
6.	107.0110