PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 November 2002                   
	DOCKET NUMBER:   AR2002070306

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Regan K. Smith		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, in effect, two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)) and the Combat Infantryman Badge.

3.  The applicant states he was wounded in Vietnam on 1 January 1968 and 
10 January 1968.  He also stated that he is entitled to award of the Combat Infantryman Badge.

4.  The applicant’s military records show that on 17 July 1967 he enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 11B20 (Light Weapons Infantryman).  The applicant served in Vietnam from 12 December 1967 until 11 December 1968.  He was honorably separated from active duty on 4 August 1970.

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows as authorized awards the Purple Heart, the Vietnam Service Medal with 4 bronze service stars, the Vietnam Campaign Medal, 2 Overseas Service Bars, the National Defense Service Medal, the Expert Badge (M-14), and the Marksman Badge (M-60).  It does not show the Purple Heart with one Oak Leaf Cluster nor does it show the award of the Combat Infantryman Badge.

6.  The applicant’s name appears on the Vietnam Casualty Roster.  The roster shows that the applicant was wounded on two separate occasions, 10 January
1968 and 18 June 1968.

7.  General Orders 139, dated 20 June 1968, from Headquarters, 12th Evacuation Hospital filed in the applicant’s official military personnel record awarded him the Purple Heart for the injury he received on 18 June 1968.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) item 40 (Wounds) shows two entries "puncture left knee 10 January 1968" {that entry has a line drawn through it} and "3rd degree burns to back 19 June 1968".  Item 
41 (Awards and Decorations) shows “Purple Heart w/1oak leaf cluster” {that entry has a line drawn through it}.

9.  There are no orders in the applicant’s records which show that he was awarded the Combat Infantryman Badge.  There also is no evidence in his record that shows he was recommended for the award of the Combat Infantryman Badge.

10.  The applicant's records show that he served in Company C, 1st Battalion, 27th Infantry, 25th Infantry Division, as a rifleman during his assignment in Vietnam.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company C, 1st Battalion, 27th Infantry, 25th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period June 1966 through August 1966, by Department of the Army General Order (DAGO) 48, dated 1971 and the Republic of the Vietnam Civil Actions Honor Medal First Class, Unit Citation for the period 1 January 1966 through 21 January 1970, DAGO 51, 1971.

12.  Army Regulation 600-8-22 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.  This regulation also provides that the second and subsequent awards of the Purple Heart are denoted by award of an oak leaf cluster.

13.  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.  The Board considered the applicant's request for two awards of the Purple Heart.  The Board noted that the Vietnam Casualty Roster shows that the applicant was wounded as result of hostile action on 10 January 1968 and on 18 June 1968.  

2.  There are no orders in the records available to the Board which show the applicant received the Purple Heart for wounds sustained on 10 January 1968.  However, the Board noted that 12th Evacuation Hospital General Orders awarded the applicant the Purple Heart for wounds sustained on 18 June 1968.

3.  Based on the foregoing, the Board determined that the applicant was wounded twice as a result of hostile action.  Therefore, the applicant is entitled to the Purple Heart (First Oak Leaf Cluster).

4.  The Board considered the applicant's request for award of Combat Infantryman Badge.  The Board noted there are no orders in the applicant's records which shows he was awarded the Combat Infantryman Badge.

5.  Evidence of record shows that the applicant was awarded an infantryman MOS.  Records also show that he served in an infantry unit and was actively engaged in ground combat as evident by his awards of the PH.  As a result, the Board determined that the applicant was entitled to award of the Combat Infantryman Badge in accordance with the governing regulation and he is entitled to correction of his records to show this badge. 

6.  The evidence of record also shows that the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster), the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

BOARD VOTE:  

___AAO_  _JPI_____  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        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.