PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               23 December 1998
	DOCKET NUMBER:      AC98-12744
				      AR1998013180

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Lester Echols		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 records to show award of the Combat Infantryman Badge and award of the Purple Heart.

3.  The applicant states that he was wounded and received the Combat Infantryman Badge and the Purple Heart, among other awards, while he was in the hospital.

4.  The applicant’s military records show he was inducted on 26 August 1969 and completed training as an infantry indirect fire crewman.  He served in Vietnam from 17 March 1970 until he was wounded and evacuated on or about 12 June 1970.  The applicant was retired on 3 April 1972 due to permanent disability resulting from the wounds he sustained.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Combat Infantryman Badge or the Purple Heart as authorized awards.  

6.  The Board also notes that the applicant was awarded the Bronze Star Medal, the Army Commendation Medal with “V” Device, and the Vietnam Cross of Gallantry with Palm Unit Citation which are not shown on his discharge document.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was awarded an infantry military occupational specialty (MOS) of 11C upon completion of advanced individual training.  This record also shows that he served in an infantry company in an infantry duty position while assigned in Vietnam.

8.  The applicant’s personnel records contain notification to his next of kin for wounds resulting from hostile action on 25 May 1970 in Cambodia.

9.  The applicant was awarded the Bronze Star Medal for meritorious service by 25th Infantry Division General Orders Number 6004, dated 27 may 1970.

10.  The applicant was awarded the Army Commendation Medal with “V” Device by 25th Infantry Division General Orders Number 6007, dated 28 may 1970.

11.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Headquarters Department of the Army General Orders Number 5, dated 1973.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  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.

CONCLUSIONS:

1.  The applicant served in an infantry company in an infantry duty position during combat in Cambodia; therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award..

2.  The applicant was wounded as a result of hostile action on 25 May 1970 in Cambodia; therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  The applicant was awarded the Bronze Star Medal, the Army Commendation Medal with “V” Device, and the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show these awards.

4.  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 awarding the individual concerned the Combat Infantryman Badge and correcting his records to show this award;

b.  by awarding him the Pruple Heart and correcting his records to show this award: and 

c.  by correcting his records to show award of the Bronze Star Medal, the Army Commendation Medal with “V” Device, and the Vietnam Cross of Gallantry with Palm Unit Citation.

BOARD VOTE:  

RVO____  KAK_____  LE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC9812744/AR1998013180	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981223	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	Mr. Harrell	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.