PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 February 2030    
	DOCKET NUMBER:   AR2002078040

	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:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith 		Member	
	Mr. Antonio Uribe		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 Transfer or Discharge) to show two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

3.  The applicant states, in effect, that his two awards of the Purple Heart are not included on his discharge document.  In support of his application, he submits orders for one award of the Purple Heart. 

4.  The applicant’s military records show that he was inducted on 17 April 1967.  He served as a light weapons infantryman in Vietnam from 26 October 1967 through 13 October 1968 and was honorably released on 26 January 1971.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show any award of the Purple Heart as an authorized award.

6.  25th Infantry Division General Orders Number 5300, dated 24 July 1968, show the applicant received the Purple Heart for wounds received in action on 
11 June 1968 in Vietnam.

7.  The Vietnam Casualty Roster shows the applicant was wounded once on 
11 June 1968.

8.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he sustained a fragment wound to his right forearm on 
11 June 1968. 

9.  There is no evidence of record which shows the applicant was wounded a second time as a result of hostile action in Vietnam. 

10.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in four campaigns during his assignment in Vietnam.

11.  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 48, dated 1971.  This award is not shown on his discharge document.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  This award is not shown on his discharge document.

13.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14.  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.  The Board considered the applicant’s contention that he is entitled to two awards of the Purple Heart.  However, the preponderance of evidence in this case shows the applicant was wounded once, not twice.  Therefore, the Board determined that the applicant is entitled to one award of the Purple Heart for wounds received in action on 11 June 1968 and correction of his DD Form 214 to show this award.

2.   The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.   

3.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations. 

4.  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 that the individual concerned was awarded the Purple Heart, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

SAC____  RKS____  AU______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID	AR2002078040	
SUFFIX		
RECON		
DATE BOARDED	20030211	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.