PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 June 2002
	DOCKET NUMBER:   AR2002066459

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman, Jr.		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 his military records be corrected to show he was awarded the Combat Infantryman Badge (CIB) and the Purple Heart (PH).

3.  The applicant states, in effect, that he was awarded the CIB and the PH while serving in the Republic of Vietnam (RVN). 

4.  The applicant’s military records show that he was inducted into the Army and entered active duty on 7 September 1967.  He was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that the highest rank and pay grade he attained while serving on active duty was specialist four/E-4.  It also verifies that he served in the RVN from 11 March 
1968 through 13 March 1969, and that he was assigned to D Company, 
2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division, performing duties in MOS 11C.  

6.  On 3 October 1969, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service after completing a total of 
2 years of creditable active military service and having accrued 28 days of time lost.  On the date of his separation, he held the rank and pay grade of 
private/E-1.

7.  The separation document (DD Form 214) issued to and authenticated by the applicant on the date of his separation confirms that he earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Service Medal with 2 bronze service stars; Republic of Vietnam Campaign Medal with 60 Device, and 2 Overseas Service Bars.  

8.  There is no indication in the applicant’s  DA Form 20 or his DD Form 214 that he was ever awarded either the CIB or the PH.  In addition, there are no documents on file in his Military Personnel Records Jacket (MPRJ) that would suggest he earned these awards during his service in the RVN.  

9.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to soldiers 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  Paragraph 2-8 contains the regulatory guidance on awarding the PH and it states, 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 the wound was the result of hostile action, required medical treatment, and this medical treatment was made a matter of official record.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the applicant’s unit was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure. 

CONCLUSIONS:

1.  The evidence of record shows that the applicant served as an infantry indirect fire crewman (11C) in an infantry unit involved in combat operations while serving in RVN.  Therefore, he is entitled to receive the CIB and to have it added to his record.  

2.  However, by regulation, in order to support awarding a PH it must be shown that a member was wounded in action, was treated for this wound by military medical personnel, and this treatment was made a matter of official record.  While the Board wishes to congratulate the applicant on his outstanding combat service in the RVN, it finds insufficient evidence to show he was wounded in action and/or to support awarding him the PH.  

3.  The record confirms that the applicant’s unit earned the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure.  Therefore, he is entitled to have his records corrected to show these awards.

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, particularly the DD Form 214 of the individual concerned, be corrected by showing that he was awarded the Combat Infantryman Badge, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal Unit Citation; and by providing him a corrected separation documents that includes these awards.

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

BOARD VOTE:  

__CLA__  __BJE__  __DPH___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L Adolphi___
		        CHAIRPERSON

INDEX

CASE ID	AR2002066459	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/13	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
ISSUES        1	107.0111	
2.	107.0500	
3.		
4.		
5.		
6.