PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           27 November 2001                  
	DOCKET NUMBER:  AR2001058746

	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. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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 two separate applications, award of the Combat Infantryman Badge (CIB) and the Purple Heart.

3.  The applicant states that he was a combat infantry officer in Vietnam with the 196th Light Infantry Brigade and is entitled to the CIB.  He also was injured in a helicopter crash and was told he would be awarded the Purple Heart for his injuries but has never received the orders or the award.  In support of his request for the Purple Heart, he submits two letters from former members of his platoon in Vietnam who attest to his and their involvement in a helicopter crash on 19 May 1968.

4.  The applicant’s military records show that he enlisted on 2 November 1968, attended Infantry Officer Candidate School and was commissioned a second lieutenant on 25 September 1967.  He served in Vietnam as an infantry platoon leader and later, company executive officer, with the 196th Light Infantry Brigade and the Americal Division from December 1967 to November 1968.  He was honorably released from active duty to the US Army Reserve on 24 September 1969 in the grade of first lieutenant.

5.  His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 device, the Bronze Star Medal (BSM) with “V” device and the Sharpshooter Qualification Badge with rifle bar.

6.  General Orders 6046, dated 18 August 1968, awarded the applicant the BSM with “V” device.  Identifying information in the orders show that on 12 May 1968, while serving as a second lieutenant, infantry, with Company B, 2nd Battalion 196th Infantry Brigade, he was cited for heroism for assisting the crew of a downed helicopter while engaged with the enemy.

7.  An Officer Evaluation Report for the period 12 May 1968 to 15 June 1968 shows that during that period, he performed in an outstanding manner as an infantry platoon leader in a combat environment with Company B, 2nd Battalion 196th Infantry Brigade.

8.  Both witness statements submitted by the applicant point out that on 19 May 1968, a helicopter crashed in the vicinity of their platoons position and they as well as the applicant assisted in evacuating personnel and equipment from the crash site.  The statements do not say, however, that the helicopter crash was a result of enemy fire or that the applicant or the witnesses themselves were aboard the helicopter.

9.  The applicant’s Military Personnel Records Jacket contains no evidence showing that he was wounded in combat or treated for wounds during his service in Vietnam.

10.  Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty and must perform primary 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.

11.  The same regulation 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.

CONCLUSIONS:

1.  The evidence of record, in the form of an officer evaluation report and a citation for the BSM with “V” device, show that the applicant was an infantry officer who served in combat in Vietnam as an infantry platoon leader.  Accordingly, he meets the criteria established for award of the CIB and it would be appropriate to award it to him.

2.  On the other hand, his record contains no evidence that he was wounded in action during his Vietnam assignment.  The supporting statements provided by witnesses to the 19 May 1968, helicopter crash do not show that the crash was anything other than an accident; nor do they show that the applicant was wounded or injured while rescuing the crew of the helicopter.  In the absence of evidence showing that he was wounded as a direct result of hostile action, there are no grounds for the Board to award the Purple Heart.

3.  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 showing that the individual concerned was awarded the CIB.

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

BOARD VOTE:  

___jtm __  ____aao_  ____le__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Arthur A. Omartian________
		        CHAIRPERSON

INDEX

CASE ID	AR2001058746	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011127	
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.