PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:               11 June 2002
	DOCKET NUMBER:      AR2002067829

	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. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Mr. Harry B. Oberg		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge.

3.  The applicant states that he feels that he is entitled to the Purple Heart and the Combat Infantryman Badge for combat in Vietnam.  In support of his application, he submits a copy of his DD Form 214 and Department of Veterans Affairs (DVA) Rating Decision, dated 4 December 2001.

4.  The applicant’s military records show that he enlisted in the Army on 16 July 1969 for a period of 3 years.  He successfully completed basic and advanced individual training and served in Vietnam from 11 January 1970 through 25 November 1970 as a wheel vehicle mechanic.  The applicant was honorably released from active duty on 26 January 1972.

5.  The applicant’s DD Form 214, which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart or Combat Infantryman Badge as authorized awards.  The Board notes that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is also not shown on his discharge document.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  His personnel records do not contain medical evidence which indicates he was treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

7.  The applicant provided a 4 December 2001 DVA Rating Decision which shows he received service connection for shrapnel wound scar of right upper arm with "0" percent disability rating.  The DVA Rating Decision stated that the applicant’s service medical records from 16 July 1969 through 26 January 1972 were reviewed and they failed to show any complaints, treatment, or findings of shrapnel wound of right upper arm.  The applicant reported that he had been hit with shrapnel superficially in the right upper arm during combat.  He further reported that he "removed the shrapnel himself at the time of the injury and had no complications."

8.  The applicant’s DA Form 20 shows he served in a wireman duty position and wheel vehicle repairman duty position with the 125th Signal Battalion of the 25th Infantry Division 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 5, dated 1973.
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 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.

CONCLUSIONS:

1.  The Board noted the applicant’s request for issuance of award of the Purple Heart for combat in Vietnam.  However, there is no military medical record or other evidence in the applicant’s service personnel records which shows that he was wounded as a result of hostile action or was treated for wounds sustained as a result of hostile action.

2.  The Board noted the DVA decision to award service connection for shrapnel wound scar of right upper arm was established as directly related to military service.  However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart.  The DVA stated there was no medical record of treatment of wounds and the applicant signed his own discharge and authenticated his own DA Form 20 which attested that he was not wounded and did not receive the Purple Heart.

3.  Based on the foregoing, the Board determined that the available evidence is not sufficient to support award of the Purple Heart in this case.

4.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.  The applicant was not awarded an infantry military occupational specialty.  He did not serve in an infantry unit or infantry position in combat during his assignment in Vietnam.  Therefore, there is no basis for granting award of the Combat Infantryman Badge in this case.  

5.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.
6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

FNE_____  RTD____  RWA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002067829	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020611	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.