PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            15 March 2000                  
	DOCKET NUMBER:   AR1999024809

	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.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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 records be corrected to reflect additional awards and that his grade at separation was sergeant.  He states, in effect, that his medals and rank on his DD Form 214 are incorrect.

3.  Records available to the Board indicate the applicant entered active duty on 21 December 1967 and successfully completed basic and advanced individual training as an infantryman (specialty 11B) prior to being assigned to Vietnam in August 1968.

4.  On 2 January 1969, while assigned to Company A, 2nd Battalion, 506th Infantry, the applicant sustained shrapnel wounds to his buttocks for which he received treatment and was awarded the Purple Heart.  Following his release from the medical treatment facility he was returned to his original unit of assignment.

5.  On 11 June 1969 while on patrol, the applicant came upon an enemy bunker. “After throwing in a grenade, a trigon machine gun opened fire upon him.”  The applicant sustained multiple bullet wounds through both thighs, which ultimately resulted in the amputation of both legs above the thighs.  The applicant was evacuated from Vietnam and on 19 November 1969 was retired by reason of disability.  His disability documents, including the message and orders directing his disability retirement indicate the applicant was retired in the grade of sergeant (E-5).  The applicant’s separation document, however, indicates that he was separated in the grade of E-4 with a date of rank of 7 October 1968.

6.  While documents in the applicant’s records indicate he was awarded three awards of the Army Commendation Medal (681001-690228, 681101-690331, 690301-690731) as a result of meritorious achievement during his service in Vietnam, a Bronze Star Medal for meritorious service during the period 1 August 1968 through 31 March 1969, and a Bronze Star Medal with “V” device for his heroic actions on 20 May 1969, his separation document reflects entitlement to only one Army Commendation Medal and no Bronze Star Medals.

7.  Additionally, while the applicant was wounded as a result of enemy action on two separate occasions while in Vietnam (2 January 1969 and 11 June 1969) his records reflect award of only one Purple Heart (2 January 1969 action).

8.  There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.  The applicant’s records do not reflect award of the Combat Infantryman Badge in spite of the fact that he was an infantryman assigned to an infantry element that was clearly engaged in active ground combat.
9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (Company A, 2nd Battalion, 506th Infantry) was awarded two Presidential Unit Citations, a Meritorious Unit Commendation, a Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal during his tenure with the organization.

CONCLUSIONS:

1.  Although the applicant’s records show that the applicant was promoted to pay grade E-4 in October 1968 it appears that he was advanced to the grade of sergeant (E-5) at the time of his retirement, by reason of physical disability, on 
19 November 1969.  As such it would be appropriate, and in the interest of justice to correct his record accordingly.

2.  The evidence also confirms that the applicant was awarded three awards of the Army Commendation Medal, a Bronze Star Medal with “V” device and a Bronze Star Medal for meritorious service, although his separation document incorrectly reflects entitlement to only one Army Commendation Medal.

3.  The applicant was wounded twice as a result of hostile action while in Vietnam, once on 2 January 1969 and again on 11 June 1969.  While he was awarded a Purple Heart for wounds sustained on 2 January 1969 he is also entitled to a Purple Heart for wounds sustained on 11 June 1969.

4.  The applicant was an infantryman, assigned to an infantry unit that was engaged in action with an enemy force and as such is entitled to an award of the Combat Infantryman Badge.

5.  The applicant is also entitled to two awards of the Presidential Unit Citations, a Meritorious Unit Commendation, a Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal based on his service with Company A, 2nd Battalion, 506th Infantry in Vietnam.

6.  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 showing that the individual concerned was retired by reason of disability in the grade of sergeant (E-5) on 19 November 1969;

b.  by showing that he was awarded three awards of the Army Commendation Medal, one Bronze Star Medal with “V” device and one Bronze Star Medal for meritorious service;

c.  by awarding him a Purple Heart for wounds sustained on 11 June 1969 and a Combat Infantryman Badge; and

d.  by showing that he is entitled to two awards of the Presidential Unit Citations, a Meritorious Unit Commendation, a Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal based on his service with Company A, 2nd Battalion, 506th Infantry in Vietnam.

BOARD VOTE:  

___rvo__  ___mkp__  ___vbc__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999024809	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000315	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.