PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           14 MARCH 2002                   
	DOCKET NUMBER:   AR2001063238

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Roger W. Able		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 reflect award of two Purple Hearts, a Meritorious Unit Commendation, a Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm, which the applicant refers to as the VCG (Vietnam Gallantry Cross).  He states that he lost all of his “records of proof” and asks that the Board “search” his records to establish receipt of the requested awards.  He notes that he was in Vietnam between December 1967 and December 1968 and the time frame for his awards of the Purple Heart was February and March 1968.  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant entered active duty on 
1 June 1966.  He was initially trained as a military policeman.  While undergoing training he was awarded Marksmanship Qualification Badges with “Pistol” and “Rifle” bar.  Orders contained in the applicant’s OMPF (Official Military Personnel File) confirm the badges, but neither badge was reflected on the applicant’s separation document.

4.  In December 1967, while assigned duties as an infantryman with Company B, 1st Battalion (Airborne), 501st Infantry, the applicant was transferred to Vietnam as part of a unit move.  Shortly after the applicant’s arrival in Vietnam he was awarded a primary specialty of 11B (infantryman).  Entries on his enlisted qualification record indicate the applicant sustained a fragment wound to his left arm and hip on 4 February 1968, and on 5 April 1968 sustained a pungi stick wound to his left foot.  There is, however, no indication the applicant was awarded a Purple Heart for either wound.  There were no service medical records available to the Board.

5.  In May 1968 the applicant was transferred to Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division and remained with that unit until he returned to the United States in December 1968.  He was released from active duty in June 1969.

6.  By virtue of his assignment in Vietnam with the 501st Infantry and 2nd Brigade of the 101st Airborne Division, between December 1967 and December 1968, the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  He is also entitled to a silver service star on the Vietnam Service Medal reflected on his separation report.  Although other elements of the 101st Airborne Division were awarded Meritorious Unit Commendations and Presidential Unit Citations, the element of the division the applicant was assigned to was not awarded either of those decorations.  The 1st Battalion, 501st Infantry was also not awarded either decoration.

7.  Army Regulation 600-8-22 also states that there are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

CONCLUSIONS:

1.  Although there are no medical records available to the Board, the Board is satisfied that the applicant was wounded in action, and as such it would be in the interest of justice and equity to award him two Purple Hearts; one for wounds sustained on 4 February 1968 and one for the wound he sustained on 5 April 1968.

2.  The Board also notes that the applicant was an infantryman, assigned to an infantry unit, and the fact that he wounded in action supports a conclusion that he actively participated in ground combat.  As such, the Board concludes the applicant should have been awarded a Combat Infantryman Badge.

3.  The Board also notes, that by virtue of his service in Vietnam he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and a silver service star on the Vietnam Service Medal.

4.  There is, however, no evidence the applicant was assigned to a unit that was awarded the Meritorious Unit Commendation or Presidential Unit Citation and as such he is not entitled to either of those decorations.

5.  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:

a.  by awarding the individual concerned a Purple Heart for wounds sustained on 4 February 1968 and a second Purple Heart for wounds sustained on 5 April 1968;

b.  by awarding him a Combat Infantryman Badge; 

c.  by showing that he was awarded a Marksmanship Qualification Badge with “Rifle” and “Pistol” bar; and

d.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and a silver service star on the Vietnam Service Medal.

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

BOARD VOTE:  

__JHL  __  __WTM     __RWA  _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2001063238	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020314	
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.