PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 June 2002
	DOCKET NUMBER:  AR2002067206

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Melvin H. Meyer		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 DD Form 214 (Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart.

3.  The applicant states that item 24 (Awards and Decorations) of his DD Form 214 does not show his award of the Purple Heart.  He was wounded in the face while serving in Vietnam in 1968.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show he was inducted on 8 November 1967, as a light weapons infantryman.  He served in Vietnam from 19 April 1968 to 18 September 1968, and was released from active duty on 7 November 1969.

5.  The applicant’s DD Form 214 shows he was awarded the National 
Defense Service Medal, the Vietnam Service Medal with one bronze service star, and the Vietnam Campaign Medal.  His discharge document does not show the
Purple Heart as an authorized award.

6.  Item 40 (Wounds) of his DA Form 20 (Personnel Qualification Record) shows the entry “FW (Fragment Wound) FACE 22Aug68 (22 August 1968).”

7.  The applicant’s name appeared on the Vietnam Casualty List for a wound received on 22 August 1968.

8.  There are no orders in the applicant’s personnel records which show that he was awarded the Combat Infantryman Badge.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman (11B) with Company D, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (AIRMOBILE) during his service in Vietnam.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

10.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officers 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.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

13.  There is no evidence of derogatory information in the applicant’s records.

14.  Review of the available records does not reveal that he was recommended for or entitled to any other awards or decorations.

CONCLUSIONS:

1.  The evidence of record shows that he received a fragment wound to his face on 22 August 1968, while serving in Vietnam as a result of hostile action. Therefore, he is entitled to correction of his records to show the award of the Purple Heart.

2.  The evidence of record shows the applicant served as a light weapons infantryman (11B) with Company D, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (AIRMOBILE) while serving in Vietnam. Therefore, he is entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

3.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 8 November 1967 to 7 November 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  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 for the individual concerned be corrected by showing that he was awarded the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the first award of the Good Conduct Medal for the period 8 November 1967 to 7 November 1969.

BOARD VOTE:  

__kk___  __ar____  ___mm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2002067206	
SUFFIX		
RECON		
DATE BOARDED	20020618	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19691107	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  46		
3.		
4.		
5.		
6.