PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 March 2001
	DOCKET NUMBER:   AR2000050662

	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. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Christopher J. Prosser		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 awarded the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that in 1968, while serving as a private first class (PFC) in Vietnam, he was wounded in the right shoulder and chest.  He claims that as a result of these wounds he was medically evacuated to Japan and then to Portsmouth Naval Hospital, Portsmouth, Virginia for treatment and remained a patient for almost a year.  

4.  The applicant’s military records show that on 19 September 1967 he enlisted in the Regular Army for three years.  He successfully completed basic training at Fort Benning, Georgia and advanced individual training (AIT) at Fort Jackson, South Carolina.  Upon completion of AIT he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver) and he was assigned to Vietnam for his first permanent duty station.

5.  The applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record) shows that he arrived in Vietnam on 11 March 1968 and was assigned to the 363rd Transportation Company for duty as a Light Vehicle Driver.  Block 38 (record of assignments) shows that on 28 April 1968, he was placed in a patient status in the Patient Casual Company, United States Army Vietnam (USARV) and on 11 May 1968, he transferred to the Medical Holding Detachment (MHD), Portsmouth Naval Hospital as a patient, a status he remained in until February 1969.

6.  Block 40 (wounds) of the DA Form 20 contains an entry that verifies the applicant was wounded in action and a Casualty Report Message and Western Union Telegram on file in the applicant’s Military Personnel Records Jacket (MPRJ) confirm he was wounded by friendly fire directed at a hostile force as a result of hostile action, while serving as a PFC in Vietnam on 24 April 1968, which resulted in his being treated by and hospitalized at the direction of military medical authorities. 

7.  The Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to and authenticated by the applicant with his signature on 14 September 1970, the date of his separation, is void of any reference to his ever being wounded in action or having been awarded the PH during his tenure on active duty. 

8.  The separation document does verify that the applicant was honorably separated on 14 September 1970, under the provisions of Army Regulation 
635-200, by reason of early separation of overseas returnee.  At the time of his separation he had completed 2 years, 11 months, and 26 days of active military service and had earned the National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  

10.  Paragraph 2-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It also specifically states that 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 2-8b (6) (b) states, in pertinent part, that Individuals wounded or killed as a result of " friendly fire" in the "heat of battle" will be awarded the PH as long as the " friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 

12.  Chapter 8, Section-II (Combat and Special Skill Badges) contains guidance on the award of combat badges.  Paragraph 8-6 contains the policy and procedure pertaining to the award of the Combat Infantryman Badge (CIB).  

13.  Paragraph 8-6c contains the specific eligibility criteria for earning the CIB.  The basic qualifications for earning the CIB are that a member be an infantryman, assigned to an infantry unit, and that he be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy. 

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. 

15.  This pamphlet confirms that the applicant’s unit, the 363rd Transportation Company, was awarded the a Meritorious Unit Commendation (MUC), for the period 14 February 1968 through 31 March 1969, via DA General Order (DAGO) Number 39, issued in 1970.  In addition, it verifies that the Republic of Vietnam Gallantry Cross with Palm (RVNGC/w Palm) was authorized for Headquarters, USARV and all subordinate units, for the period 20 July 1965 to 28 March 1973,  
via DAGO Number 8, issued in 1974.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was entitled to the PH and finds this claim has merit.  In addition, during its review, the Board discovered, based on the period he served in Vietnam, that the applicant is entitled to unit awards authorized subsequent to his separation.  However, the Board concludes the evidence of record does not support his claim of entitlement to the CIB.

2.  The applicant’s DA Form 20 and documents in his MPRJ verify he received shrapnel wounds to his right shoulder from friendly fire directed at a hostile force, during a hostile action on 24 April 1968, while serving as a PFC in Vietnam, which resulted in his being treated by medical personnel and hospitalized.  In 
the opinion of the Board, this more than satisfies the regulatory burden of proof necessary to establish entitlement to the PH.

3.  The evidence or record further shows that the 363rd Transportation Company, a subordinate USARV unit, earned a MUC and the RVNGC/w Palm for a period that included the time the applicant served in the unit.  Although these awards were authorized subsequent to his departure, the Board concludes it would be appropriate to add them to his record at this time. 

4.  However, after carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board concludes there is an insufficient evidentiary basis to support the applicant’s claim of entitlement to the CIB.  

5.  By regulation, in order to earn a CIB a member must be an infantryman, assigned to an infantry unit, while in combat.  The record shows he was not an infantryman and did not serve in an infantry unit during his combat tour in Vietnam.  Therefore, the Board concludes he fails to meet the regulatory prerequisites necessary to be awarded the CIB and therefore, this requested relief is not warranted. 

6.  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 in Vietnam, on 24 April 1968, while serving in the rank of PFC; by showing he received the MUC and RVNGC/w Palm for his valorous combat service during his tenure in Vietnam; and by issuing him a corrected separation document that reflects these changes. 

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

BOARD VOTE:  

__cjp ___  __le_____  __js ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000050662	
SUFFIX		
RECON		
DATE BOARDED	2001/03/29	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/09/14	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  41	107.0000	
2.  61	107.0015	
2.  157	107.0111	
4.		
5.		
6.