PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           27 January 2000
	DOCKET NUMBER:   AR1999034917

	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. Wyman N. Bailey  					Analyst

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright 		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr.  Stanley Kelley		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 that he be awarded the Silver Star and the Purple Heart with 1st oak leaf cluster.  He further requests that the Army afford him and his comrades who also should have received certain awards and decorations a fitting ceremony to present the awards they earned in the Republic of Vietnam (RVN).

3.  The applicant states that General Orders were discovered at the National Archives that prove that he and nine of his comrades are entitled to awards and decorations that they should have received 30 years ago for service in the RVN.  The awards and decorations were issued by Company A, 1th Battalion and the 
4th Aviation, 8th Infantry, 4th Infantry Division in the RVN. 

4.  The applicant’s DD Form 214 shows that he was inducted on 26 January 1968.  He completed basic and advanced individual training and was awarded the Military Occupational Specialty of 11B00 (Infantryman).  He participated in three campaigns.  Thereafter, he served in the RVN from 20 August 1968 to 27 August 1969 and was transferred to the USAR, Control Group, (Annual Training) on 29 August 1969.   

5.  On 13 March 1969 General Orders Number 60 was published by the 
4th Infantry Division awarding him the Purple Heart for wounds received 12 March 1969.  However, the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was wounded by gunshot and fragmentation on 12 March 1969 and was again wounded by fragmentation on 13 June 1969.   

6.  On 19 September 1969 General Orders Number 5999 published by the 4th Infantry Division awarded him the Silver Star for gallantry in action while engaged in military operations against an armed hostile force on 12 March 1969. 

7.  The DD Form 214 issued to the applicant on 29 August 1969 shows he was awarded the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, the Vietnam Campaign Medal w/device 60, the Marksmanship Badge M-14 & M-16 Rifle, the Parachutist Badge, two Oversea Bars, and the Combat Infantryman Badge.

8.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  The regulation also provides that an oak leaf cluster is awarded for second and subsequent awards of the Purple Heart.  

9.  Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.

10.  Army Regulation 600-8-19 also provides for award of the bronze service star for campaign participation credit.  

11.  Department of the Army General Orders 8, 1974, announced the award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Department of the Army General Orders 53, 1970 announced the award of the RVN Civil Actions Honor Medal to the 1st Battalion, 8th Infantry Regiment for the period 1 October 1966 to 31 October 1969.  

CONCLUSIONS:

1.  The documentation submitted by the applicant clearly shows that orders were published awarding him the Silver Star on19 September 1969 prior to his departure from RVN.  

2.  The applicant’s military records clearly shows that he is also entitled to the award of the Purple Heart and the Purple Heart with 1st Oak Leaf Cluster since he was wounded by gunshot and fragmentation on 12 March 1969 and 13 June 1969.  Accordingly, orders should be published for the second Purple Heart.   

3.  The applicant should have been awarded the Army Good Conduct Medal for the period 26 January 1968 to 29 August 1969 prior to his separation.  

4.  The applicant’s service in the RVN from 20 August 1968 to 27 August 1969 entitles him to the award of the RVN Gallantry Cross Unit Citation with Palm and the award of the RVN Civil Actions Honor Medal.  

5.  It would be appropriate to award him three bronze service stars for campaign participation credit and to show on his DD Form 214 his service in the RVN 
(20 August 1968 to 27 August 1969).

6.  In the interest of Army tradition, and the fact that it has been over 30 years from the time the applicant was to receive this award, his request for formal ceremony to present the awards will be referred to Army Public Affairs.

7.  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 Silver Star on 19 September 1969;  

     b.  by showing that he was awarded the Purple Heart  for wounds received on 12 March 1969 and the Purple Heart with 1st Oak Leaf Cluster for wounds received on 13 June 1969; 

     c.  by showing that he was awarded the RVN Gallantry Cross Unit Citation with Palm and the award of the RVN Civil Actions Honor Medal for the period 20 August 1968 to 27 August 1969; 

     d.  by showing that he was awarded the Army Good Conduct Medal for the period 26 January 1968 to 29 August 1969; 

     e.  by showing that he was awarded three bronze service stars for campaign participation credit; and

     f.  by showing in the remarks section of his DD Form 214 that he served in the RVN from 20 August 1968 to 27 August 1969.

BOARD VOTE:  

_EJA _  __SK___  _INW_ __       GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright______
		        CHAIRPERSON

INDEX

CASE ID	AR 1999034917	
SUFFIX		
RECON		
DATE BOARDED	2000/01/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  107.07		
2.		
3.		
4.		
5.		
6.		

S:  3 April 2000

SFMR-RBR - 1st End (27 January 2000, Docket Number AR1999034917)
SUBJECT:  ABCMR Proceedings

HQDA, OASA, Arlington, Virginia  22202-4508                            28 January 2000

THRU:  Commander, Total Army Personnel Command, ATTN:  TAPC-MSE-A
                  200 Stovall Street, Alexandria, Virginia  22332-0400

TO:  US Army Review Boards Agency Support Division - St. Louis
        ATTN:  SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri 63132-5200

1.  Under the authority of Title 10, United States Code, section 1552, the recommendation of the Army Board for Correction of Military Records is hereby approved, and it is directed that all of the Department of the Army records of the individual concerned be corrected as shown under Recommendation in the Proceedings of the Board in this case.

2.  Request necessary administrative action be taken to effect the correction of records as indicated no later than 3 April 2000.  Further, request that the individual concerned and counsel, if any, as well as any members of Congress who have shown interest be advised of the correction and that the Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:

Karl F. Schneider
Deputy Assistant Secretary
(Army Review Boards)

Encls 

CF:
Applicant
OMPF
SFMR/pmp
DFAS
Bailey