PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                18 August 1999
	DOCKET NUMBER:        AR1999014709

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart, Air Medal and the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that his DD Form 214 does not show the award of the Purple Heart, Air Medal and Bronze Star Medal.  In support of his application he submits copies of award certificates for the Purple Heart, Air Medal, Bronze Star Medal and a copy of his DD Form 214.

4.  The applicant’s military records show he enlisted on 8 May 1968 as a light weapons infantryman.  He served in Vietnam from 7 October 1968 to 
15 December 1968 and was honorably discharged on 7 February 1970.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal with 60 Device.  His discharge document does not show the Purple Heart, Air Medal or Bronze Star Medal as authorized awards.

6.  The applicant provides a copy of an award certificate, which shows that he was awarded the Purple Heart for wounds sustained on 4 December 1968. 

7.  The applicant provides a copy of an award certificate, which shows that he was awarded the Air Medal for meritorious achievement while participating in aerial flight while serving in Vietnam from October 1968 to December 1968.

8.  The applicant provides a copy of an award certificate, which shows that he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces while serving in Vietnam from October 1968 to December 1968.

9.  The Board notes that the applicant is entitled to the Combat Infantryman Badge and the Vietnam Cross of Gallantry with Palm Unit Citation, which are
not shown on his discharge document.

10.  There are no orders in the applicant’s personnel records which show that he
was awarded the Combat Infantryman Badge.  Records show that the applicant was awarded the military occupation specialty (MOS) 11B (light weapons infantryman) upon completion of Advanced Individual Training.  Evidence of record shows the applicant was assigned to an infantry company and served in MOS 11B during his assignment in Vietnam.

11.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Orders 70, dated 1969.

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

15.  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 are no orders available to the Board which authorize award of the Purple Heart, Air Medal and the Bronze Star Medal to the applicant.  However, the applicant has provided evidence that he was awarded the Purple Heart, Air Medal and Bronze Star Medal and the Board has determined that this evidence is sufficient as a basis for correction of his records to show these awards.  Therefore, the applicant is entitled to correction of his records to show these awards.

2.  Evidence of record shows the applicant served as a light weapons infantryman (11B) while serving in Vietnam.  Therefore, he is entitled to correction of his records to show that he was awarded the CIB.

3.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

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 
by showing in item 24 (Decorations and Awards) of his DD Form 214 that he was awarded the Purple Heart, Air Medal, Bronze Star Medal, Combat Infantryman Badge and the Vietnam Cross of Gallantry with Palm Unit Citation.

BOARD VOTE:  

RVO____  EW_____  SVW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999014709	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990818	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700207	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 61		
2.  60		
3.  64		
4.  157		
5.		
6.