PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 November 2001    
	DOCKET NUMBER:   AR2001061205

	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	
	Ms. Wanda L. Waller		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show the Combat Infantryman Badge and the Purple Heart.

3.  The applicant states that he was never issued these awards and they are not shown on his discharge document.  In support of his application, he submits a copy of his DD Form 214; orders for the Army Commendation Medal and a photograph of a wounded soldier. 

4.  The applicant’s military records show that he enlisted on 8 August 1968 for a period of 3 years.  He served as a wheel vehicle mechanic and an infantryman in Vietnam from 6 March 1970 through 26 January 1971 and was honorably released on 6 August 1971.
 
5.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge or the Purple Heart as authorized awards.  There are no orders for the Combat Infantryman Badge in the applicant’s military records.  However, his records show he was assigned to Company B, 1st Battalion, 11th Infantry, 1st Brigade of the 5th Infantry Division on 24 March 1970 and his duty military occupational specialty (MOS) was 11B (infantry).  He was awarded secondary MOS 11B (infantry) on 10 December 1970.  

6.  There are no orders for the Purple Heart in the applicant’s military records.  However, item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows that he was lightly wounded in action on 7 August 1970 when he sustained a gunshot fragment to the chest.  The Battle Casualty Report in the applicant’s records shows that he applicant was lightly wounded by a gunshot fragment to the chest.  The report indicates that the applicant was on a combat operation when a friendly force mistook part of his element as an enemy element and fired at them with small arms.  

7.  1st Infantry Brigade, 5th Infantry Division General Orders Number 71, dated 17 January 1971, show the applicant was awarded the Bronze Star Medal for meritorious service from March 1970 to March 1971.  This award is not shown on the applicant’s discharge document.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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 of the Total Army Personnel 
Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry MOS in an infantry company in combat in Vietnam.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this award.

2.  Evidence of record shows the applicant was wounded as a result of “friendly fire” during combat operations on 7 August 1970 in Vietnam.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his military records to show this award.  

3.  The applicant received the Bronze Star Medal for meritorious service from March 1970 to March 1971.  Therefore, the applicant is entitled to correction of his military records to show this award. 

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 showing that the individual concerned was awarded the Combat Infantryman Badge, the Purple Heart and the Bronze Star Medal.

BOARD VOTE:  

WTM___  AAO____  CLG_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Walter T. Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2001061205	
SUFFIX		
RECON		
DATE BOARDED	20011101	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0015	
3.	107.0014	
4.		
5.		
6.