PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           04 APRIL 2002
	DOCKET NUMBER:   AR2001066018

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 his records be corrected to reflect award of the Bronze Star Medal with "V" device and the Purple Heart.  He states he sustained a shrapnel wound while in combat in Vietnam in October 1971, and was issued a Bronze Star Medal with "V" device.  He submits a copy of a Bronze Star Medal certificate and citation in support of his request.

3.  Records available to the Board indicate the applicant served on active duty between 9 January 1970 and 20 December 1972.  While undergoing training at Fort Polk, Louisiana, he was awarded several U.S. Army Basic Marksmanship Qualification Badges.  Orders issued in May 1970 confirmed entitlement to a Marksmanship Qualification Badge with "Automatic rifle" and "Machinegun" bars and an Expert Qualification Badge with "Pistol" bar.  Those badges are not listed on the applicant's 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  In June 1970 the applicant was assigned to Vietnam as an infantryman with the 3rd Battalion, 21st Infantry Regiment, 23rd Infantry Division.  Just prior to his June 1971 departure from Vietnam, the applicant was awarded the Bronze Star Medal for meritorious service during the period 1 July 1970 through 31 May 1971.  Orders issued by the 23rd Infantry Division confirmed the award.  The applicant's award citation and certificate also indicate the award of the Bronze Star Medal was for meritorious service and not for heroism.  The award, however, is not reflected on his separation report.

5.  There is no evidence the applicant was wounded as a result of hostile action while in Vietnam and his name is not on the Vietnam Casualty List.

6.  Prior to the applicant's separation, he served a tour of duty in Germany.  On 
6 December 1972 the applicant underwent a separation physical examination.  The physical examination, and the applicant's available service medical records, are silent regarding any wounds sustained as a result of hostile action while in Vietnam.  

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  The "V" device denotes participation in acts of heroism involving conflict with an armed enemy and when awarded with the Bronze Star Medal denoted the award was made for heroism as opposed to service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

8.  Army Regulation 600-8-22 also provides that the Purple Heart is awarded for wounds 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.

9.  By virtue of the applicant's service in Vietnam, with the 2nd Battalion, 21st Infantry, he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and two bronze service stars on his Vietnam Service Medal.  Those awards are not reflected on the applicant's separation document.

CONCLUSIONS:

1.  While the evidence does confirm that the applicant was awarded a Bronze Star Medal for meritorious service, which is not reflected on his separation report, there is no evidence that he was awarded the decoration for heroism.  His records should be corrected accordingly.

2.  There is no evidence, and the applicant has not provided any, that he was ever wounded as a result of hostile action while in Vietnam and as such there is no basis for an award of the Purple Heart.

3.  The Board notes that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and two bronze service stars on his Vietnam Service Medal by virtue of his service in Vietnam.  The evidence also confirms that he was awarded a Marksmanship Qualification Badge with "Automatic rifle" and "Machinegun" bars, and an Expert Qualification Badge with "Pistol" bar which were omitted from his separation document.  

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 was awarded a Bronze Star Medal for meritorious service;

b.  by showing that he was awarded a Marksmanship Qualification Badge with "Automatic rifle" and "Machinegun" bars, and an Expert Qualification Badge with "Pistol" bar; and

c.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and two bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:  

__AAO__  __RWA__  __KYF __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2001066018	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020404	
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.	107.00	
2.		
3.		
4.		
5.		
6.