PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  9 July 2002
	DOCKET NUMBER:  AR2002068617

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Thomas B. Redfern		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 reconsideration of his previous application to correct his military records by awarding him the Purple Heart and the Combat Infantryman Badge (CIB).

3.  The applicant states that he was assigned to an infantry company in Vietnam. He was injured in June 1969 when he jumped from a helicopter while under enemy fire.  He tore the ligaments in his left knee when he landed.

4.  Incorporated herein by reference are military records, which were summarized, in the decisional documents prepared to reflect the Board's previous consideration of his cases (AR1998002460 and AR1999033356) on 10 February 1999 and 26 April 2000, respectively.

5.  The applicant submits a statement from the Deputy, Adjutant General, of the Army Material Command to the Texas Veteran Commission.  Attached to this statement are military medical records, two statements from former fellow soldiers, his DA Form 20 (Qualification Record), and a promotion order.

6.  Some of the applicant’s submissions are new evidence and/or argument that require Board consideration.

7.  A Clinical Record Cover Sheet, dated 25 June 1969, shows the applicant's patient data as assigned to Company B, 2/503 Infantry and his Military Occupational Specialty (MOS) as 11B2P.  The diagnosis listed is "GYNECOMASTIA (R) BREST."  He was transferred to a hospital in Japan.

8.  A Medical Condition-Physical Profile Record, dated 11 July 1969, shows that he was listed with a defect of "Traumatic arthritis, left knee" and given a limited duty profile.

9.  A Clinical Record Cover Sheet, dated 18 July 1969, shows the applicant's patient data as assigned to Company B, 2/503 Infantry and his Military Occupational Specialty (MOS) as 11B2P.  The diagnoses listed are "Juvenile gynecomastis, right breast" and "Traumatic arthritis, left knee, added 27 Jun 69." There was no mention of a wound or injury as a result of enemy action.  The form shows that he was in the hospital for 21 days and returned to duty with assignment limitations.

10.  A letter from a former fellow soldier states that he was a squad leader in the applicant's company in Vietnam.  He remembers the applicant as a member of the company when they were involved in combat operations but does not remember the specific incident when he was evacuated to the hospital.  He does believe that the applicant is entitled to the CIB.

11.  A letter from a former fellow soldier states that he was the company commander of the applicant while in Vietnam.  He states that he remembers the applicant as a rifleman and the other former fellow soldier as a squad leader.  While the applicant was assigned to his company they were involved in sustained periods of combat.  He does not remember when or under what conditions the applicant was medically evacuated but does believe that the applicant deserves the CIB.

12.  The applicant's DA Form 20 does not show his assignments while in Vietnam from 5 April to 12 June 1969.  A 21 May 1970 special order issued by Fort Sill, Oklahoma shows that the applicant had his MOS of 11B2P withdrawn.

13.  Army Regulation 672-5-1, in effect at the time, provided, in pertinent part, that the Purple Heart was 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 by a medical officer, and the medical treatment must have been made a matter of official record.  The applicant is not listed as a battle casualty on the Vietnam casualty list.

14.  The regulation also stated that there were basically three requirements for award of the CIB.  The soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.  Specific requirements stated, in effect, that an Army enlisted soldier must have an infantry or special forces specialty and satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

CONCLUSIONS:

1.  There is insufficient medical evidence of record, or evidence submitted by the applicant, to show that the diagnoses of traumatic arthritis, left knee was as a result of enemy action and entitled him to an award of the Purple Heart.

2.  There is now sufficient credible evidence provided by the applicant that he served in combat as an infantryman and entitled to the CIB.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is awarded the Combat Infantryman Badge.

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

BOARD VOTE:

___jl___  __ra___  ___tr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068617	
SUFFIX		
RECON		
DATE BOARDED	20020709	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES          1.	107.00	
2.		
3.		
4.		
5.		
6.