PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           12 April 2001                  
	DOCKET NUMBER:   AR2000049065

	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. Edmund P. Mercanti		                       Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Richard T. Dunbar		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 DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge, be corrected to add the Purple Heart, the Combat Infantryman Badge, and the Vietnam Campaign Ribbon.

3.  The applicant states his DD Form 214 does not show these awards and decorations.

4.  The applicant’s military records show that he was inducted on 21 March 1968, was awarded the military occupational specialty of infantryman, and served as an infantryman in an infantry company in Vietnam until his duty status changed to patient on 14 May 1969.  He served in Vietnam from 19 September 1968 through 24 May 1969, the date he was transferred to the continental United States for medical board proceedings.

5.  The applicant’s medical records show that he was shot in his left leg on 7 May 1969 while in Vietnam.  Complications stemming from that wound resulted in his placement on the Temporary Disability Retired List (TDRL) on 4 December 1969.

6.  The applicant’s DD Form 214 shows that he was awarded the National Defense Service Medal and the Vietnam Service Medal.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides 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.  This regulation also explains that the Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.

CONCLUSIONS:

1.  Since the applicant served as an infantryman in an infantry company in active ground combat and was wounded, he is entitled to the Combat Infantryman Badge.

2.  Since the applicant was wounded in action against a hostile force, he is entitled to the Purple Heart.

3.  Since the applicant served in Vietnam for over 6 months, he is entitled to the Vietnam Campaign Medal with Device (1960).

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:

a.  showing that the individual concerned was awarded the Purple Heart for a gunshot wound he received in the Republic of Vietnam on 7 May 1969;

b. showing that he was awarded the Combat Infantryman Badge; and

c.  showing that he was awarded the Vietnam Campaign Medal with Device (1960).

BOARD VOTE:  

__rwa___  ____dph_  ___rtd  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Roger W. Able__________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049065	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.