PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 8 July 1999
	DOCKET NUMBER:        AR1999016999

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able		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, award of the Purple Heart with First Oak Leaf Cluster and the Combat Infantryman Badge (CIB).

3.  The applicant states that he was wounded twice in combat and received only one award of the Purple Heart.  He also states that he never received the Combat Infantryman Badge.  In support of his application he submits a copy of Special Order T-650 dated 14 August 1969 (Assignment to 249th General Hospital for further medical treatment), Standard Form 502 (Narrative Summary), DA Form 
8-275-2 (Clinical Record Cover Sheet), General Orders Number 3295 dated 
10 May 1969 (Award of the Purple Heart for wound sustained on 2 April 1969) and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he entered active duty on 27 March 1968 as a light weapons infantryman.  He served in Vietnam from 27 August 1968 to 20 August 1969 and was honorably discharged on 26 March 1971.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Vietnam Campaign Medal with 1960 device, the Good Conduct Medal 
(lst Award), the Purple Heart, two Overseas Service Bars, the First Class Gunner (M-60), the Expert Qualification Badge (M-14) and the Marksmanship Qualification Badge (M-16).

6.  A DA Form 1577 (Authorization for Issuance of Awards), dated 2 April 1991, shows the Army Reserve Center in St. Louis, Missouri, determined the applicant was entitled to the Meritorious Unit Commendation, the Valorous Unit Award and the Republic of Vietnam Cross of Gallantry with Palm Unit.

7.  A copy of the applicant’s Standard Form 502 shows that he received multiple fragment wounds to his right thigh and left chest on 12 August 1969 while serving in Vietnam.

8.  There are no orders in the applicant’s personnel records, which show that he was awarded the Combat Infantryman Badge.  Records show he served as a light weapons infantryman (11B) while serving 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 have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decoration, among which is the Purple Heart.

10.  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.  Evidence or record shows that the applicant was wounded as a result of hostile action while serving in Vietnam on 12 August 1969.  Therefore, he is entitled to correction of his records to show the two awards of the Purple Heart (Purple Heart with First Oak Leaf Cluster).

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.  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 of his DD Form 214 that he was awarded the Purple Heart with First Oak Leaf Cluster for wounds sustained on 12 August 1969 and the Combat Infantryman Badge.

BOARD VOTE:  

JH_____  RVO_____  RWA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		June Hajjar___________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016999	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990708	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710326	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  157		
3.		
4.		
5.		
6.