PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           25 APRIL 2002                   
	DOCKET NUMBER:   AR2002069347

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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) reflect all the awards to which he is entitled, to include two awards of the Purple Heart, and award of the Bronze Star Medal.

3.  The applicant states that he was twice wounded in combat. 

4.  The applicant’s military records show that he enlisted in the Army for three years on 15 August 1969, completed training, and in March 1970 was assigned to D Troop, 2nd Squadron, 17th Cavalry of the 101st Airborne Division in Vietnam. On 3 August 1970 the applicant was awarded the Air Medal for meritorious achievement on 5 June 1970.  He was wounded in action on 19 August 1970 and orders were published on 20 August 1970 awarding him the Purple Heart.  On   10 September 1970 the applicant was awarded the Army Commendation Medal for meritorious achievement.  On 19 September 1970 he was awarded the Bronze Star Medal with “V” device for his actions on 8 July 1970.  He returned to the United States and in December 1970 was assigned to an armored battalion at Fort Knox, Kentucky.  In July 1971, the applicant was again assigned to Vietnam, this time with Troop C, 1st Squadron, 10th Cavalry, and in November 1971 to Company D, 58th Infantry, as an automatic rifleman.  In April 1972 the applicant returned to the United States and was released from active duty on     14 April 1972 at Fort Lewis, Washington.  The applicant participated in six campaigns during his two tours in Vietnam.  

5.  The applicant’s DD Form 214 shows that his rank was Sergeant E-5, and that he had 2 years, 7 months, and 5 days of service.  He had 25 days of lost time.  That form does not show award of the Purple Heart or the Army Commendation Medal, nor does it show his campaign participation.  It does show award of the Bronze Star Medal with “V” device and award of the Air Medal.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that his duty MOS (Military Occupational Specialty) from July to November 1970 was 11H10, heavy weapons mortarman.  From November 1971 to April 1972 the applicant’s MOS is shown as 11B20, light weapons infantryman. 

7.  The organization in which the applicant served in Vietnam was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.   

8.  Army Regulation 600-8-22 provides 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.

9.  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.

10.  Information from the Total Army Personnel Command Awards Branch indicated that there was no record of the applicant having received a second award of the Purple Heart, nor any record that he was listed as a casualty on the Vietnam casualty roster [other than on 19 August 1970] maintained by that agency.

CONCLUSIONS:  

1.  There is no evidence, nor has the applicant submitted any, to show that he was wounded on more than one occasion.  Lacking such evidence, there is no entitlement to a second award of the Purple Heart.  

2.  He was wounded on 19 August 1970 and awarded the Purple Heart.  That award should be reflected on his DD Form 214.

3.  The applicant was awarded the Army Commendation Medal.  That award should be shown on his DD Form 214.

4.  Although there is no evidence that he actually held MOS 11H or 11B, he served in both those specialties.  The applicant was an infantryman who participated in active ground combat in Vietnam.  As an exception to policy, he is entitled to award of the Combat Infantryman Badge. 

5.  The applicant participated in six campaigns during his tours in Vietnam.  He is entitled to award of the Vietnam Service Medal with one silver service star (denoting participation in five campaigns) and one bronze service star.

6.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  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 showing that the individual concerned was awarded the Purple Heart, the Army Commendation Medal, the Combat Infantryman Badge, the Vietnam Service Medal with one silver service star and one bronze service star, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, 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:  

__JL____  __GDP__  __CG ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069347	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020425	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	61	
3.	46	
4.		
5.		
6.