PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 15 August 2002
	DOCKET NUMBER:        AR2002072319

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Jose A. Martinez		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 correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Purple Heart and the Combat Infantryman Badge.

3.  The applicant states that he was wounded in action in Southeast Asia.  He contends that his DD Form 214 does not state that he was wounded or shows award of the Purple Heart.  In support of his application, he submits a copy of his DD Form 214 and a DD Form 2067 (Case Report and Directive).

4.  The applicant’s military records show that he enlisted in the Regular Army on 26 September 1966 for a period of three years.  He successfully completed basic and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 71H (personnel specialist).  The applicant served in Vietnam from 24 March 1967 through 16 July 1967 and was discharged from active duty on 23 May 1969.

5.  The applicant's DD Form 214 does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His 
DA Form 20 (Enlisted Qualification Record) does not show any entry in 
item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  The applicant’s name does not appear on the Vietnam Casualty Roster.

7.  The applicant’s service personnel records contain a Report of Medical History prepared on 7 April 1969 just prior to his separation from the Army.  On this document, the applicant indicated that, "Dislocated left hip in R.V.N. [Republic of Vietnam] July 67.  A.P.C. [armored personnel carrier] blew a track and knocked over rubber tree which landed on me along with part of the APC."

8.  The applicant provided a copy of a Case Report and Directive from the Discharge Review Board which states that the applicant "was wounded in action."  However, there is no evidence of record available to the Board which shows he sustained wounds as a result of hostile action.

9.  There are no orders in the applicant's personnel records which show he was awarded the Combat Infantryman Badge.  His DA Form 20 shows he completed basic training, and at the conclusion of AIT, he was awarded the MOS 71H.  There are no orders which show that he was ever awarded an infantry MOS as a primary or secondary MOS.

10.  Item 38 (Record of Assignments) on his DA Form 20 shows he served in duty MOS 11B (infantryman) in the Headquarters and Headquarters Company of the 4th Battalion, 23rd Infantry, 25th Infantry Division, from 30 May 1967 to 5 June 1967 and served in Company B of the 4th Battalion, 23rd Infantry from 5 June 1967 to 1 July 1967.  There is no evidence of record which shows he was awarded an infantry MOS while assigned to the 4th Battalion, 23rd Infantry.

11.  The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge document.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 4th Battalion, 23rd Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 48, dated 1971.  The applicant's unit was also cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

13.  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.

14.  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 contention that he was wounded in action during his tour in Southeast Asia and should have been awarded the Purple Heart.  The Board noted the applicant's Report of Medical History which indicated that he dislocated his left hip.  However, this document does not show that the applicant was wounded or injured as a result of hostile action.

2.  The Board also noted the Case Report and Directive submitted by the applicant in support of his claim for award of the Purple Heart.  However, this document alone is not sufficient as a basis for award of the Purple Heart.

3.  There is no evidence which shows the applicant was awarded the Combat Infantryman Badge.  Records show he successfully completed AIT and was awarded the primary MOS 71H (personnel specialist).  He served as an infantryman throughout his assignment in Vietnam; however, he was not awarded an infantry MOS.  Therefore, there is no basis for awarding the applicant the Combat Infantryman Badge.

4.  While the applicant was assigned to the 4th Battalion, 23rd Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records will be amended to show these foreign unit awards.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned 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.

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

BOARD VOTE:  

JNS____  INW_____  JAM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone________
		        CHAIRPERSON

INDEX

CASE ID	AR2002072319	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020815	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.