PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           30 August 2001
	DOCKET NUMBER:   AR2001059414

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons                         		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 records be corrected to show that he was awarded the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

3.  The applicant states that he was wounded in the mouth in December 1968 near the city of Pleiku, Republic of South Vietnam.  In support of his application, he provides a personal statement, letters from two fellow soldiers who were with him when he was wounded, and pictures of a damaged Armored Personnel Carrier.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 15 January 1968.  Following Basic Combat Training at Fort Campbell, Kentucky and Advanced Individual Training at Fort Polk, Louisiana, he was awarded military occupational specialty (MOS) 11B, Infantryman, and transferred to Vietnam.  He was assigned to B Troop, 2nd Squadron/1st Cavalry, 4th Infantry Division.

5.  The applicant served in Vietnam from 14 June 1968 to 13 June 1969.  His records show that he was awarded the CIB on 7 October 1968 by Special Order 281, Headquarters, 4th Infantry Division.  There is nothing in the applicant's records to show that he was ever treated for wounds while in Vietnam.  His Enlisted Qualification Record (DA Form 20) has no entry in Block 40 (Wounds), but does reflect the award of the CIB in Block 41 (Awards and Decorations).

6.  The applicant was honorably discharged on 14 January 1970 after serving 2 years of creditable service.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflects the following awards and decorations in Block 24:  National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, Expert Qualification Badge, and 2 Overseas Bars.

7.  The applicant's military records contain orders awarding him the Good Conduct Medal, the Expert Qualification Badge (M-60), and the Sharpshooter Qualification Badge (M-14, M-16).

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 30 August 1967 to 28 July 1969 by Department of the Army General Order Number 3, dated 1970.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal for the 30 August 1967 to 28 July 1968 by Department of the Army General Order Number 53, dated 1970.

CONCLUSIONS:

1.  There is no evidence in the applicant's records, nor has he presented any, that would permit awarding him the PH.  The applicant states that he required dental treatment as a result of his wounds.  One of his fellow soldiers also makes a similar statement, however the other indicates that no medical treatment was required.  In order to qualify for the PH, a wound must have been treated by medical personnel and documented in the soldier's records; there is no such documentation in the applicant's records and he has not provided any with his application.

2.  The applicant's records contain orders awarding him the CIB, the Good Conduct Medal, the Sharpshooter Qualification Badge (M-14, M-16), and the Expert Qualification Badge (M-60).

3.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was awarded the Vietnam Gallantry Cross with Palm Unit and the Republic of Vietnam Civil Actions Honor Medal during the period of his assignment to the unit.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing a DD Form 215 (Correction to DD Form 214) to the individual concerned showing that he was awarded the Good Conduct Medal, the CIB, the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, the Expert Qualification Badge (M-60), and the Sharpshooter Qualification Badge (M-14, M-16).

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

BOARD VOTE:  

_RVO____  __CJP__  __LDS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2001059414	
SUFFIX		
RECON		
DATE BOARDED	20010830	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0094	
4.	107.0095	
5.	107.0111	
6.