PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 May 2002        
	DOCKET NUMBER:   AR2002068089

	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. Wanda L. Waller 		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Kenneth W. Lapin		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 (Report of Transfer or Discharge) to show award of the Purple Heart, the Vietnam Campaign Medal with 1960 Device and the Combat Infantryman Badge.

3.  The applicant states that the only evidence he has are the medals that were given to him in Vietnam.  In support of his application, he submits a copy of his DD Form 214.  

4.  The applicant’s military records show that he was inducted on 27 January 1966.  He served as a heavy vehicle driver in Vietnam from 1 October 1966 through 30 September 1967 and was honorably released on 26 January 1968.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

6.  The applicant’s DD Form 214 does show the “Republic of Vietnam Campaign Medal w/Device” (correctly known as the Vietnam Campaign Medal with 1960 Device) as an authorized award.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

7.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

9.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.  His DA Form 20 shows that his principal duty was truck driver while he was assigned to Company B, 15th Engineer Battalion in military occupational specialty (MOS) 12B (combat engineer) during his assignment in Vietnam. 

10.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award.  Records show the applicant served in Vietnam from 1 October 1966 through 30 September 1967 and participated in two campaigns (Vietnam Counteroffensive, Phase II, 1 July 1966 to 31 May 1967; Vietnam Counteroffensive, Phase III, 1 June 1967 to 29 January 1968). 

11.  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 31, dated 1969.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case. 

2.  Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows he served in MOS 12B (combat engineer) during his assignment in Vietnam.

3.  There is no evidence of record that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.   

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   
5.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations.

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 that the individual concerned was awarded the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

SAC___  JTM_____  KWL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Samuel A. Crumpler_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068089	
SUFFIX		
RECON		
DATE BOARDED	20020507	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0088	
3.	107.0111	
4.	107.0000	
5.		
6.