PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 October 2000
	DOCKET NUMBER:   AR2000041526

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Ernest W. Lutz, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Tracey L. Pinson		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 he be provided certification that he was awarded the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that his separation documents were incomplete at the time of his release from active duty (REFRAD) and that he has in his possession the actual PH medal and the CIB badge.  However, he has no paperwork confirming that he earned these awards and he now needs something to certify he received them in order to obtain medical benefits from the Department of Veterans Affairs (VA).

4.  The applicant’s military records show that on 1 September 1966 he was inducted into the Army of the United States (AUS) for two years.  He successfully completed basic training at Fort Campbell, Kentucky and advanced individual training (AIT) at Fort Polk, Louisiana.  

5.  Upon completion of AIT he was awarded military occupational specialty (MOS) 11B (Infantryman) and he was assigned to combat duty in Vietnam for his first permanent duty station.  He arrived in Vietnam on 12 February 1967 and he was assigned to Company D, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division to perform duties as a Rifleman.   

6.  The applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record) contains an entry, in block 41 (Awards and Decorations), that verifies that he was awarded the PH, via Special Order Number 100, which was issued by the 1st Cavalry Division on 10 April 1967.

7.  The DA Form 20 also contains an entry, in block 40 (Wounds), that confirms that the applicant received fragmentation wounds to his chest, arms, and legs when he was wounded in action on 22 March 1967.  Block 38 (Record of Assignments) also shows that, as a result of being wounded, the applicant was assigned to the Army Hospital, Camp Zama, Japan on 6 April 1967.  On 7 June 1967 he was medically evacuated to the Army Hospital at Fort Knox, Kentucky where he remained in a patient status until 15 September 1967.  At this time he remained at Fort Knox where he was assigned Drill Sergeant duties, which he performed until his honorable REFRAD on 30 August 1968.

8.  The record contains a Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  This document verifies that on 30 August 1968, the applicant was honorably REFRAD.  Item 
24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this form shows that during his active duty tenure he earned the National Defense Service Medal; the Vietnam Campaign Medal; the Vietnam Service Medal; and the Marksman Rifle Marksmanship Badge.  
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 (Purple Heart) contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, who has been wounded or killed in action.  

10.  The awards regulation states that a wound is defined as an injury to any part of the body from an outside force or agent sustained under the conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

11.  Paragraph 8-6 of the awards regulation contains guidance on awarding the CIB.  It states, in effect, that in order to earn the CIB a soldier must hold an Infantry MOS and be assigned to an infantry unit of brigade, regimental, or smaller size during a period when the unit was engaged in active ground combat. In addition, to be a recipient a member must have been personally present and under hostile fire when the unit actively engaged in ground combat with the enemy.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he should receive certification that he was awarded the PH and the CIB.  After a careful review of the evidence of record, the Board finds this claim has merit.  

2.  The applicant’s Enlisted Qualification Record confirms that on 10 April 1967 he was awarded the CIB by the 1st Cavalry Division based on his combat service as a Rifleman with that unit while serving in Vietnam.  Therefore, the Board finds that it would be appropriate to codify this award by adding it to his DD Form 214 at this time. 

3.  By regulation, in order to support the award of the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  In addition, this medical treatment must have been made a matter of official record that confirms that the wound or injury was received in action.  The Board determined that the entries contained in blocks 38, 40, and 41 of the applicant’s DA Form 20 more than satisfy the burden of proof mandated by the regulation.  

4.  Based on the weight of the evidence of record, it is clear that the applicant was wounded on 22 March 1967, while engaged in an action against an enemy force, and he is clearly entitled to be awarded the PH.  Therefore, the Board concludes, in the interest of justice and equity, that the applicant be awarded the PH and that this award be added to his separation documents at this time.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the PH for wounds he received in action against an enemy force in Vietnam on 22 March 1967.

2.  Further, that the record be corrected by adding the CIB earned by the individual concerned on 10 April 1967 for his combat service as a Rifleman in Vietnam to his DD Form 214.

BOARD VOTE:  

___ewl __  ___tp ___  __cjp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ernest W. Lutz, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041526	
SUFFIX		
RECON		
DATE BOARDED	2000/10/19	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/08/30	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  157	107.0111	
3.		
4.		
5.		
6.