PROCEEDINGS

	IN THE CASE OF:     .

	BOARD DATE:           1 November 2001                 
	DOCKET NUMBER:   AR2001058023

	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. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Curtis L. Greenway		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 the Purple Heart and the Combat Infantryman Badge (CIB) be added to his DD Form 214, Report of Separation.

3.  The applicant states that without correction of this error, he will not be eligible for certain Department of Veterans Affairs benefits.

4.  The applicant’s military records show that he was inducted on 29 September 1969, was awarded the military occupational specialty (MOS) 11B, light weapons infantryman, and served in Vietnam with Companies A and B, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile) from April 1970 to June 1970.  He was honorably separated to the US Army Reserve as a specialist on 29 June 1971.

5.  Awards shown on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal with 2 Bronze Service Stars, the Vietnam Campaign Medal with Device 1960, the Army Commendation Medal (ARCOM), the Good Conduct Medal, the Sharpshooter Qualification Badge with rifle bar and the Expert Qualification Badge with rifle bar.  On 21 September 1983, the Reserve Component Personnel and Administration Center (RCPAC) authorized the issuance of the Purple Heart, Good Conduct Medal and CIB to him.

6.  His record contains a copy of a casualty report and a telegram to the applicant’s parents, showing that he had been wounded on 31 May 1970, while engaged in a firefight in Vietnam.  

7.  General Orders 9235, 1st Cavalry Division (Airmobile), dated 1 June 1970, awarded the applicant the ARCOM with “V” Device for valorous action on 31 May 1970. 

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 40 (wounds) that he suffered multiple fragment wounds right arm and right side on 31 May 1970.  Item 41 of the record does not show that he was awarded the Purple Heart or the CIB but does reflect the ARCOM with “V” Device and the Good Conduct Medal.  The record does not show that he was awarded any other ARCOM (with or without the “V” Device).

9.  Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound 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.

10.  The same regulation provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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.  The Awards Branch, US Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G and 11H.

11.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that, during the period of his assignment to the 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), the unit was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973, the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1.  The applicant’s DD Form 214 does not show that he was awarded the Purple Heart or the CIB.  However, documentation in the record in the form of a casualty report clearly shows that he was wounded in action and is entitled to the Purple Heart as a result of that wound.

2.  Furthermore, his Enlisted Qualification Record and the general orders awarding him the ARCOM with “V” Device show that he was an infantryman engaged in hostile action (at the time he was wounded) and as such met the prerequisites for award of the CIB.

3.  Additionally, the ARCOM currently shown on his DD Form 214 should be changed to reflect ARCOM with “V” Device, and the awards authorized by the Unit Citation and Campaign Participation Credit Register, specifically the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214.

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, the CIB, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

	b.  changing the award of the ARCOM on his DD Form 214 to show the ARCOM with “V” Device.

BOARD VOTE:  

___wtm _  ____aao_  ___clg __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Walter T. Morrison 
		        CHAIRPERSON

INDEX

CASE ID	AR2001058023	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011101	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.