PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 February 2001                            
	DOCKET NUMBER:   AR2000048412

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret K. Patterson		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 he be awarded the Purple Heart and the Combat Infantryman Badge (CIB).  He states that he was transferred when he sustained a foot injury that precluded further duty as an infantryman. 

3.  The applicant’s military records show that he was inducted on 10 June 1970.  He was trained as a light weapons infantryman and served in Vietnam as a rifleman with Company D, 1st Battalion, 46th Infantry, 196th Infantry Brigade, 23rd Infantry Division from 22 November 1970 to 21 May 1971 when he was transferred to Headquarters and Headquarters Company 196th Infantry Brigade.  He returned to the United Sates and was transferred to the Army Reserve in pay grade E-4 on 13 January 1972.  He was separated early as an overseas returnee.  His conduct and efficiency ratings were exclusively excellent throughout his enlistment.  

4.  His DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the Army Commendation Medal with First Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the [Republic of] Vietnam (RVN) Campaign Medal [with 1960- device]. 

5.  His personnel records contain orders awarding him the Expert Qualification Badge with Rifle, Pistol, Machine Gun, Mortar and Grenade Bars.  Also, there are three 23rd Infantry Division general orders awarding him the Army Commendation Medal for three separate periods of service. 

6.  Block 40 Wounds of his DA Form 20 (Enlisted Qualification Record) has a Block 40 (Wounds) entry that reads “LAC BIG TOE (R) Foot 9 OCT 71” and Block 41 (Awards and Decorations) carries the entry “PH PENDING ORDERS.”

7.  There are no medical records showing that the applicant was treated for a wound sustained while in action against the enemy or as the result of enemy action.  Telephonic liaison with the Awards Branch, Total Army Personnel Command indicates that the applicant is not listed as an recipient of the Purple Heart on any available 23rd Division General Order, nor is he listed on the roll of Vietnam casualties.  A telephone call to the applicant indicates that he has no service medical records and he has not been to the Department of Veteran Affairs (VA).

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as the result of 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.

9.  Army Regulation 600-8-22, paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB. A soldier must have an infantry or special forces military occupational specialty and satisfactorily perform infantry duties in active ground combat while assigned to an infantry unit of brigade or smaller size.

10.  The regulation also 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

11.  Department of the Army General Orders 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation Badge to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1.  The applicant was held an infantry MOS and served in combat with an infantry unit.  He earned and should be awarded the CIB.

2.  In addition to the awards shown on his DD Form 214, the applicant was awarded a third Army Commendation Medal, and the Expert Qualification Badge with Rifle, Pistol, Machine Gun, Mortar, and Grenade Bars.  He also earned the Good Conduct Medal, and the RVN Gallantry Cross with Palm Unit Citation Badge.  His DD Form 214 should list all of his authorized awards. 

3.  There is no available evidence to substantiate the indications in his DA Form 20 that he was wounded as the result of hostile action or treated for a wound that was sustained as the result of hostile action.  The assertion that he was transferred as a result of the foot laceration does not support a favorable decision because the DA Form 20, block 40 entry is dated several months after his transfer to brigade headquarters.

4.    In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an injustice.

RECOMMENDATION:  

1.  That all of the Department of the Army records related to this case be corrected by:

a.  awarding the individual concerned the CIB; and

b.  showing that his authorized awards also include the Army Commendation Medal with Second Oak Leaf Cluster, the Good Conduct Medal, the RVN Gallantry Cross with Palm Unit Citation Badge, and the Expert Qualification Badge with Rifle, Pistol, Machine Gun, Mortar and Grenade Bars.

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

BOARD VOTE:

__MM___  __MKP__  __FBE__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn____
					         CHAIRPERSON

INDEX

CASE ID	AR2000048412	
SUFFIX		
RECON		
DATE BOARDED	20010215	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	MODIFY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.