PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               2 December 1998
	DOCKET NUMBER:      AC98-11984

	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	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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 Purple Heart and the Combat Infantryman Badge.

3.  The applicant states he was wounded on 15 July 1968 at Cu Chi, Vietnam.  In support of his application, he submits a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 2 June 1992, from the Army Reserve Personnel Center authorizing the issue of the Purple Heart to him.

4.  The applicant’s military records show he entered active duty on 2 August 1965 and completed training as a communications center specialist.  He served in Vietnam from 29 January 1966 to 3 September 1966 and from 4 October 1967 to 18 July 1968.  He was honorably discharged on 21 July 1968.  

5.  The applicant’s DD Form 214 does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.  The Board notes the applicant was awarded the Valorous Unit Award, two awards of the Meritorious Unit Commendation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.

6.  Item 41 of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “CUT: (L) ARM  20Apr68’’ [CUT LEFT ARM 20 April 1968].  There are no orders in the applicant’s personnel records which show he was awarded the Purple Heart.  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed that the applicant was listed on the Vietnam Casualty Roster as a battle casualty for wounds sustained on 20 April 1968.  The applicant is not listed on the Vietnam Casualty Roster for wounds sustained on 15 July 1968 or for any other period.

7.  Records show the applicant’s military occupational specialty (MOS) was 72B20 (communications center specialist).  His DA Form 20 shows that he served in this MOS throughout his assignments in Vietnam.  There is no evidence the applicant was awarded an infantry MOS or served in an infantry unit or infantry duty position during his assignments in Vietnam.

8.  The applicant was awarded the Valorous Unit Award by Headquarters Department of the Army General Orders Number 48, dated 1968.

9.  The applicant was awarded the Meritorious Unit Commendation by Headquarters Department of the Army General Orders Number 37, dated 1970.

10.  The applicant was awarded the Meritorious Unit Commendation by Headquarters Department of the Army General Orders Number 36, dated 1970.

11.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Headquarters Department of the Army General Orders Number 43, dated 1970.

12.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

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.

14.  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.

CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was awarded the Purple Heart; however, official records show that the applicant was wounded as a result of hostile action on 20 April 1968.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

2.  The applicant served in a communications MOS in communications duty positions during his assignments in Vietnam; therefore he was not eligible for award of the Combat Infantryman Badge.

3.  The applicant was awarded the Valorous Unit Award, two awards of the Meritorious Unit Commendation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 the individual concerned was awarded the Purple Heart, the Valorous Unit Award, two awards of the Meritorious Unit Commendation, the Vietnam Cross of Gallantry with Palm Unit Citation and the 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:  

RVO_____  GDP____  JHK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11984/AR1998913937	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981202	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.