PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 June 2002                  
	DOCKET NUMBER:   AR2002067373

	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. G. E. Vandenberg		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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of two Purple Hearts.

3.  The applicant states that he was wounded in January and again in March or April 1967.  He requests that his records be corrected to show his entitlement to the Purple Heart for the purpose of allowing him to receive free state automobile license plates.

4.  The applicant’s military records show that he entered active duty on 11 July 1966.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 91A (Medical Corpsman).  He served in Vietnam with Headquarters and Headquarters Company, 1st Battalion, 35th Infantry Regiment for approximately 5 months before being medically evacuated to Japan and then to Ft. Gordon, Georgia.  He was in the medical holding company for the remainder of his service and was released from active duty on 25 June 1968.

5.  The applicant's DD Form 214 shows his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Sharpshooter Qualification Badge with Rifle bar, and the Combat Infantryman Badge (CIB).

6.  His DA Form 20 (Enlisted Qualification Record), at item 40, (wounds) shows that the applicant received "frag" wounds to his right hand and side 15 January 1967 and "frag" wounds to his legs and arms 11 April 1967.  It also shows, at Item 41 (Awards and Decorations), he was awarded the Combat Medical Badge (CMB) on 16 March 1967.

7.  The applicant's Report of Medical History (Standard Form 89), completed at the time of his separation examination, shows that the applicant had been hospitalized for 10 days for treatment of fragmentation wounds in January 1967 and again in April 1967.  He was still in the medical holding company at the time of this examination.  The accompanying physician's summary shows residuals on multiple fragment wounds, received in Vietnam, with associated multiple open fractures to the right hand, leg, and left foot.

8.  A review of the Vietnam Casualty List indicates that the applicant received his wounds due to hostile action while in Vietnam on 15 January 1967 and 11 April 1967.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that members of the 1st Battalion, 35th Infantry Regiment were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the same period that the applicant was assigned to this unit.  

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.  An oak leaf cluster is authorized for wear for each additional award of the Purple Heart.

11.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB: that an Army enlisted soldier must be have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat and must have actively participate in such ground combat.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

CONCLUSIONS:

1.  In the development of this case it was noted that the applicant's DD Form 214 incorrectly indicates that the applicant was awarded the Combat Infantryman Badge.  There is no evidence that the applicant ever held the necessary infantry MOS for award of this badge.  However, as the applicant was a medical corpsman and his records indicate the award of the Combat Medical Badge, the Board concludes that the CIB entry was a clerical error and should have been reported as the CMB.  Therefore, it is in the interest justice to correct this error at this time.

2.  The Board finds that the preponderance of evidence supports the applicant's request to show that he was entitled to the award of the Purple Heart for wounds sustained as a result of hostile action on 15 January 1967 and 11 April 1967.  Therefore, it is in the interest of justice to correct his records to show award of the Purple Heart with an oak leaf cluster.

3.  The applicant is shown to be entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it is in the interest of justice to correct this error by showing the applicant is awarded these decorations.

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected: 

a.   by deleting the Combat Infantryman Badge;

b.  by showing that he was awarded the Purple Heart with first oak leaf cluster for wounds received in action against the enemy on 15 January 1967 and 11 April 1967; and,

c.  by showing that he was awarded the Combat Medical Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

_CLA____  __BJE__  __DPH___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__   _Celia L. Adolphi___________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067373	
SUFFIX		
RECON		
DATE BOARDED	20020613	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT Partial	
REVIEW AUTHORITY		
ISSUES         1.	1.07.0015	
2.		
3.		
4.		
5.		
6.