PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            16 May 2000
	DOCKET NUMBER:   AR2000035398

	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. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 Combat Infantryman Badge and the Purple Heart 

3.  The applicant states that he received both awards at a hospital in Japan, but they were never put on his DD Form 214.

4.  The applicant’s military records show that he was inducted on 27 March 1968 and completed training as a light weapons infantryman in military occupational specialty (MOS) 11B.  He served in Vietnam from 2 September 1968 to 22 September 1968.  The applicant was honorably discharged on 27 March 1970.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Combat Infantryman Badge or the Purple Heart as authorized awards.

6.  There are no orders in the applicant’s service personnel records which awarded him the Combat Infantryman Badge.  The applicant’s records show that he was awarded MOS 11B (light weapons infantryman) and that he served in an infantry company as a rifleman in Vietnam. 

7.  There are no orders in the applicant’s service personnel records which awarded him the Purple Heart.  However, his DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds) that he sustained fragmentation wounds to the right knee and back on 13 September 1968.  The applicant’s records also contain a DA Form 8-275-2 (Clinical Record Cover Sheet) which shows that he was wounded on 13 September 1968 near Duc Lop, Vietnam, as a result of hostile action.

8.  The Board noted that the applicant’s DD Form 214 does not show the Good Conduct Medal or any unit awards.

9.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 38, dated 1970.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

12.  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.

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 that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded an infantry military occupational specialty.  The applicant’s records show that he served in an infantry duty position in an infantry unit of regimental or smaller size in combat in Vietnam.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

2.  Evidence of record shows the applicant was wounded as a result of hostile on 13 September 1968 in Vietnam; therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 29 March 1968 through 27 March 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
5.  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 the individual concerned was awarded the Combat Infantryman Badge, the Purple Heart for wounds sustained on 13 September 1968, the Good Conduct Medal for the period 29 March 1968 through 27 March 1970, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000035398	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700327	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.