PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 August 2002
	DOCKET NUMBER:   AR2002068800

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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 records be corrected to reflect his award of the Purple Heart and that he be awarded the Bronze Star Medal (BSM) and Combat Infantryman Badge (CIB).

3.  The applicant states that he was awarded the Purple Heart and it was never reflected on his report of separation (DD Form 214).  He further states that when he departed Vietnam he was told that he was being recommended for awards of the BSM and CIB.  However, he never received those awards or heard of the outcome of the recommendation.

4.  The applicant’s military records show that he initially served in the Army National Guard from 25 August 1963 to 24 February 1964.  He enlisted in the Regular Army on 13 October 1964 for a period of 3 years.  Upon completion of his training he was transferred to Korea for duty as a cook.  He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-5 on 29 July 1966.  

5.  He was transferred to Vietnam on 13 September 1966 and was assigned to Headquarters Company, 1st Infantry Division for duty as a first cook.  He was transferred to Headquarters and Headquarters Troop, 4th Cavalry on 23 October 1966, for duty as a first cook.  

6.  On 16 February 1967, he was wounded in connection with military operations against a hostile force.  He was awarded the Purple Heart on 19 February 1967.  He departed Vietnam on 8 April 1968 and was assigned to Fort Indiantown Gap, Pennsylvania.  He was promoted to the pay grade of E-6 on 26 March 1970. 

7.  He remained on active duty until 3 November 1972, when he was honorably discharged at Fort Leonard Wood, Missouri, due to the expiration of his term of service (ETS).  He had served 9 years, 2 months and 9 days of total active service and was awarded the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal (RVNCM), the Armed Forces Expeditionary Medal, the Good Conduct Medal (second award), the National Defense Service Medal, and the Purple Heart.  However, the Purple Heart and the RVNCM were not entered on his DD Form 214.

8.  A review of his personnel records as well as a search of unit records at the National Archives in College Park, Maryland, failed to show that the applicant was ever recommended for or awarded the BSM or CIB.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to his departure, the applicant’s unit was awarded the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation, the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Valorous Unit Award (VUA) for the period he was assigned.  

10.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

11.  That regulation also serves as the authority for award of the BSM.  It states, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished him or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in enemy operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  The recommendation must be submitted within 2 years of the act, achievement, or service to be honored.  Exceptions for lost recommendations may be made by The Secretary of the Army for exceptional cases.

CONCLUSIONS:

1.  The applicant clearly was awarded the Purple Heart in Vietnam and it, along with his RVNCM were not included on his DD Form 214 dated 3 November 1972, when he separated from the service.

2.  Additionally, the applicant was authorized to be awarded the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation and the VUA for his service in Vietnam.  Accordingly, it would be in the interest of justice to correct his records at this time by awarding him those awards and correcting his records accordingly. 

3.  However, the applicant was not an infantryman serving in an infantry position in a unit that engaged the enemy.  Accordingly, he is not entitled to an award of the CIB.

4.  The Board also finds no evidence in the available records to show that he was recommended for or awarded the BSM.  Therefore, in the absence of evidence to the contrary, the Board finds no basis to award him the BSM.

5.  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 by awarding the individual concerned the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation, the VUA, and by showing that he was awarded the Purple Heart and the RVNCM.

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

BOARD VOTE:  

___jhl___  ___bjl ___  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068800	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  60	107.0014/BSM	
3.  79	107.0033/VUA	
4.  157	107.0111/CIB	
5.  140	107.0094/RVNGC	
6.  141	107.0095/RVNCAHM