PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:           13 May 1999      
	DOCKET NUMBER:   AR1999016105

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Samuel Calderon		Member	
	Mr. Kenneth L. Wright		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 award of the Purple Heart, the Bronze Star Medal (BSM) with “V” Device and the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that he is entitled to these awards.  In support of his application, he submits an undated newspaper article and photograph in which he was awarded the BSM with “V” Device.  The article includes the citation for award of the BSM with “V” Device and states that the applicant was also awarded the Purple Heart for wounds sustained during the hostile action.  

4.  The applicant’s military records show that he enlisted on 21 September 1966 for a period of 3 years.  He served as a vehicle driver in Vietnam from 
30 September 1967 to 27 September 1968 and was separated with an honorable discharge on 27 September 1969. 

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart, the BSM with “V” Device or the CIB as authorized awards.

6.  The applicant’s medical records contain a DD Form 1380 (U.S. Field Medical Card), dated 25 August 1968, which shows he sustained a fragment wound of the right lower leg from a grenade, as a result of hostile action, while serving as a truck driver on a convoy going to Tay Ninh, Republic of Vietnam.

7.   The citation for BSM with “V” Device as restated in the newspaper article describes the events for which the applicant received this award.  In summary, the citation states the applicant “distinguished himself by exceptionally valorous actions on 25 August 1968, while serving as a driver in a resupply convoy carrying supplies from Long Bihn to Tay Ninh, Republic of Vietnam.  When the convoy was ambushed by an estimated reinforced North Vietnamese Army Battalion armed with mortars, rockets, grenades and automatic weapons, [the applicant] immediately found a defensive position and began firing on the advancing enemy.”  The citation goes on to state that “After several men had been wounded and their available ammunition supply was rapidly being exhausted, [the applicant] volunteered to locate and if possible, obtain assistance to reinforce their position and to evacuate all wounded personnel, [the applicant], without hesitation, moved toward an armored personnel carrier approximately 100 meters down the road, while moving toward the vehicle, [the applicant] received a shrapnel wound in the leg, disregarding his own personal injury, and still under violent attack, he reached the armored personnel carrier, requested their assistance and directed the vehicle to the area where his comrades were located.  Upon their arrival, the crew on the armored personnel carrier gave protective fire and evacuated the wounded men.  While still under heavy enemy fire, [the applicant] again risked his life in an attempt to move his vehicle, loaded with 105mm ammunition, out of the kill zone."     

8.  The applicant’s records show he was assigned to two transportation companies in military occupational specialty (MOS) 64A (light vehicle driver) and 64B (heavy vehicle driver) while in Vietnam.

9.  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.

10.  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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

11.  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.  Medical evidence of record shows the applicant sustained a fragment wound as a result of hostile action on 25 August 1968 in Vietnam.  Therefore, he is entitled to award of the Purple Heart.

2.  The Board finds the newspaper article, which contains a descriptive citation for award of the BSM with “V” Device, sufficient as a basis for award of this medal.  Therefore, the applicant is entitled to correction of his military records to show award of the BSM with “V” Device. 

3.  There is no evidence that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, he is not entitled to award of the CIB.  

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 and the BSM with “V” Device.

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

BOARD VOTE:  

RVO____  SC______  KLW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		CHAIRPERSON

INDEX

CASE ID	AR1999016105	
SUFFIX		
RECON		
DATE BOARDED	19990513	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690927	
DISCHARGE AUTHORITY	AR 635-200 .  	
DISCHARGE REASON	ETS	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.