PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 October 2000
	DOCKET NUMBER:   AR2000042637

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 that his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Purple Heart and the Combat Infantryman Badge (CIB).

3.  The applicant states that his DD Form 214 fails to show the Purple Heart and the CIB along with the rest of his decorations.  In support of his appeal, he submits a copy of a Vietnam Combat Certificate, which reflects that he faithfully served his country with the 75th Infantry of the 1st Cavalry Division (Airmobile) in the Republic of Vietnam for the period covering February 1970 through December 1970.  He also submits a copy of a certificate awarding him the Purple Heart.

4.  The applicant’s military records show that he was inducted into the Army on 24 March 1969, at Fort Campbell, Kentucky.  He successfully completed his training as an infantryman.  On 24 January 1970, he was transferred to Vietnam.

5.  His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal w/“V” Device, the Air Medal and the Bronze Star Medal.

6.  A review of the applicant’s Enlisted Qualification Record (DA Form 20) shows that he received a fragment wound to his left hand while he was in Vietnam.  He returned to the Continental United States on 24 December 1970.

7.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a direct 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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  That regulation also provides that to be eligible for the Combat Infantryman Badge, a soldier must be an Army infantry or special forces officer in the grade of Colonel or below, or an Army enlisted soldier or warrant officer with an infantry or special forces military occupational specialty (MOS), who subsequent to 6 December 1941 has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

CONCLUSIONS:

1.  During the preparation of the DD Form 214, an administrative error was made which resulted in the omission of the CIB and the Purple Heart.

2.  The evidence of record clearly shows that the applicant served as an infantryman and was wounded while serving in that capacity.  Therefore, it is reasonable to presume he was awarded the CIB and that it should have been included on his DD Form 214.

3.  The evidence of record also shows that he received a fragment wound to his left hand on 10 April 1970 while he was in Vietnam serving as an infantry squad leader.  Therefore, it would be appropriate to amend his DD Form 214 to reflect the Purple Heart.

4.  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 amending the DD Form 214 of the individual concerned to show that he was awarded the CIB and the Purple Heart.

BOARD VOTE:  

__mmd__  ___ao___  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melinda M. Darby_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000042637	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.  157	107.0111	
4.		
5.		
6.