PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 DECEMBER 2002                 
	DOCKET NUMBER:   AR2002068752

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by changing item 4 (Date of Birth) to read 28 January 1949, item 24 (Disability Severance Pay) to read “Yes”, and item 28 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded the Purple Heart and the Combat Infantryman Badge.    

3.  The applicant states that he had a permanent physical profile prior to his leaving the military and was separated with a 10 percent physical disability rating. In support of his request he submits a certified copy of his birth certificate, copies of his DD Forms 214 ending 4 June 1969 and 4 June 1975, and his Department of Veterans Affairs (VA) rating decision.  

4.  The applicant’s military records show that he enlisted in the Regular Army on 24 April 1967 and reenlisted on 5 June 1969.  

5.  He served in Vietnam from April 1968 to March 1969, and in Hawaii from October 1969 to October 1972.  He was awarded the military occupational specialty (MOS) of 11D (Armor Intelligence Specialist) in February 1968 and served in that MOS while stationed in Vietnam.  He served in MOS 11B (Infantryman) while stationed in Hawaii.

6.  The applicant’s DA From 20 (Enlisted Qualification Record), his enlistment contract, and a certified copy of his birth certificate show his date of birth to be  28 January 1949.

7.  On 13 March 1975, the applicant was issued a permanent physical profile with limited duty for chronic LS strain.  

8.  The applicant was honorably discharged on 4 June 1975, under the provisions of Army Regulation 635-200, chapter 2, for completion of required active service. 

9.  In July 2000, subsequent to his separation, the applicant was granted a service connection disability rating of 100 percent for post traumatic stress disorder.  The rating decision by the VA states that the applicant’s medical records showed that he was injured when his vehicle was blown up by a mine in 1968, that he was involved in Vietnam Counteroffensive Phase IV, V, and VI, and that he participated in a combat situation.

10.  By virtue of his assignment in Vietnam the applicant is entitled to have the Republic of Vietnam Gallantry Cross Unit Citation with Palm reflected on his separation documents.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

12.  Army Regulation 600-8-22 also 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, 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 Republic of Vietnam Gallantry Cross Unit Citation with Palm was omitted from the applicant’s separation documents, and his records should be corrected to reflect this award. 

2.  The applicant’s DD Forms 214 incorrectly list his date of birth as 28 April 1949, and his records should be corrected to show his date of birth as 
28 January 1949.

3.  There is insufficient evidence to support an award of the Purple Heart.  Even though the July 2000, VA Rating Decision states that the applicant’s medical records showed he was injured when his vehicle was blown up by a mine.  There is no evidence in his available records to indicate that he was wounded, or that the injuries the VA describes were the result of hostile action.  

4.  While stationed in Vietnam the applicant was assigned to the 1st Squadron of the 107th Cavalry Division, as an Armor Intelligence Specialist and is not entitled to the Combat Infantryman Badge.  

5.  The applicant’s 4 June 1975, DD Form 214, item 24 (Disability severance pay) correctly reflects “NA” (not applicable).  The applicant was separated based upon completion of required active service and was not awarded disability severance pay.  There is no evidence in the available records to show the applicant received a 10 percent disability separation.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected: 

a.  by changing the applicant’s 4 June 1969 and 4 June 1975, DD Forms 214, to show his date of birth as 28 January 1949; and

b.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:  

__RVO  _  ___SK___  __HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.