PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            15 August 2000  
	DOCKET NUMBER:   AR2000039894

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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, the Combat Infantryman Badge and any awards denoting combat to which he may be entitled.   

3.  The applicant states that he was wounded in action and hospitalized both times in Chu-Lai.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge).

4.  The applicant’s military records show that he enlisted on 28 February 1967 for a period of 3 years.  He served as a field wireman in Vietnam from 13 January 1968 through 11 July 1969 and was honorably discharged on 10 December 1970.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart, the Bronze Star Medal or the Combat Infantryman Badge as authorized awards.  The DD Form 214 does show award of the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal with 60 Device as authorized awards.

6.  There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item
40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) of the DA Form 20 does not show entitlement to the Purple Heart. 

7.  There is no evidence in the applicant’s records that he was recommended for or awarded the Bronze Star Medal.

8.  There are no orders for the Combat Infantryman Badge contained in the applicant’s records.  His records show he was assigned to Headquarters & Headquarters Company, 3rd Battalion, 21st Infantry, 196th Infantry Brigade; Company D, 3rd Battalion, 21st Infantry, 196th Infantry Brigade; and Headquarters & Headquarters Company, 196th Brigade in military occupational specialty (MOS) 36K (field wireman) during his assignment in Vietnam. 
 
9.  The applicant served in Vietnam from 13 January 1968 to 11 July 1969 and participated in seven campaigns, Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968), TET Counteroffensive (30 January 1968 to 1 April 1968), Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968), Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968), Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969), TET 
69 Counteroffensive (23 February 1969 to 8 June 1969) and the Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969).  

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 6, dated 1974.

11.  Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

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 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.  

14.  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.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal. 
A silver service star is worn instead of five bronze service stars.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was wounded in action.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds sustained by hostile action in Vietnam. 

2.  The applicant signed his discharge document attesting to the fact that he was not entitled to the Purple Heart.

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to the Purple Heart.  Therefore, the applicant is not entitled to award of the Purple Heart. 

4.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal.  Therefore, he is not entitled to correction of his military records to show this award.

5.  Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows the applicant served in MOS 36K (field wireman) during his assignment in Vietnam.

6.  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 Combat Infantryman Badge.

7.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Evidence of record also shows he participated in seven campaigns during his assignment in Vietnam.  Therefore, he is entitled to correction of his military records to show award of the Vietnam Service Medal with one silver service star and two bronze service stars.

8.  The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it; therefore, he is entitled to correction of his DD Form 214 to show this award.

9.  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:

	a.  by deleting the entry “VIETNAM SERVICE MEDAL” from item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 of the individual concerned; and 
 
b.  by adding the entries “Vietnam Service Medal with one silver service star and two bronze service stars” and “Vietnam Cross of Gallantry with Palm Unit Citation” to item 24 of his DD Form 214. 

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

BOARD VOTE:  

TDH____  AAO____  GJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Thomas D. Howard, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000039894	
SUFFIX		
RECON		
DATE BOARDED	20000815	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701210	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0111	
4.	107.0073	
5.	107.0094	
6.