PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 October 2001
	DOCKET NUMBER:   AR2001058293

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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, the Combat Infantryman Badge (CIB) and any other awards to which he is entitled.

3.  The applicant states that he was wounded and scarred in the head by shrapnel in Vietnam during a mortar attack and that he is service-connected for hearing loss.  He also states that he was hospitalized in a Navy hospital ship in the China Sea but this is not reflected on his report of separation (DD Form 214).

4.  The applicant’s military records show that he was inducted in New York on 7 April 1969.  He successfully completed his training at Fort Leonard Wood, Missouri, as a pioneer.  His records shows that he went absent without leave (AWOL) from 3 September to 16 September 1969 and while the record is silent as to any punishment that was imposed, he was transferred to Vietnam on 24 September 1969. 

5.  Upon his arrival in Vietnam, he was assigned to the 1st Battalion, 321st Artillery Battalion, for duty as a cannoneer.  His records show that he was awarded the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVNCM), the Army Commendation Medal (ARCOM) and the Bronze Star Medal (BSM).  He was advanced to the pay grade of E-4 on 8 January 1970.

6.  He departed Vietnam on 20 September 1970 and was transferred to Fort Hamilton, New York, where he remained until he was honorably released from active duty on the expiration of his term of service (ETS).  He had served 2 years of active Federal service and was transferred to the United States Army Reserve Control Group (Reinforcement).  A review of the applicant’s records fails to show that the applicant was ever wounded as a result of action against the enemy or that he was treated for such a wound.

7.  Department of the Army Pamphlet 672-3 provides a by-unit listing of unit citations and campaign participation.  It shows his unit was awarded the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM –FC) Unit Citation by General Order 48 in 1971 for the period of 18 March 1968 to 11 November 1969 and was also awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.

8.  Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

9.  That regulation also provides the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

CONCLUSIONS:

1.  The evidence of record fails to clearly show that the applicant was wounded/injured as a result of enemy action.  Therefore, in the absence of evidence to the contrary, he is not entitled to be awarded the Purple Heart.

2.  The evidence of record also fails to show that during his assignment he performed the duties of an infantryman while engaged in ground combat against the enemy.  Accordingly, there appears to be no basis to award him the CIB. 

3.  However, subsequent to the applicant’s discharge, his unit was awarded the RVNCAHM –FC Unit Citation and the RVNGC w/Palm Unit Citation for the period in which he served with that unit.  Therefore, he is entitled to be awarded those medals and to have his records corrected accordingly.

4.  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 RVNCAHM –FC Unit Citation and the RNVGC w/Palm Unit Citation.

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

BOARD VOTE:  

__hbo___  ___cla___  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058293	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  157	107.0111/CIB	
3.  141	107.0096/RVNCAHM	
4.		
5.		
6.