PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 August 2002
	DOCKET NUMBER:   AR2002072407

	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:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. 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 that his records be corrected to reflect his award of the Purple Heart.

3.  The applicant states, in effect, that his award of the Purple Heart was not added to his report of separation (DD Form 214) and he now needs it added so that he can receive treatment at the Department of Veterans Affairs (VA).  In support of his application he submits a copy of the order awarding him the Purple Heart. 

4.  The applicant’s military records show that he enlisted on 14 April 1969, for a period of 2 years.  He completed his training and was transferred to Vietnam on 19 September 1969, for duty as a light weapons infantryman with Company C, 3rd Battalion, 12th Infantry Regiment.  He was advanced to the pay grade of E-3 on 26 September 1969.

5.  On 31 October 1969, he was wounded in the right thigh and was evacuated to the 71st Evacuation Hospital for treatment. While in the 71st Evacuation Hospital, General Orders Number 246 were published on 1 November 1969, awarding the applicant the Purple Heart for wounds received in action on 31 October 1969.

6.  He was subsequently evacuated to the 249th General Hospital and then to Fort Benning, Georgia, where he remained until he was honorably released from active duty (REFRAD) on 13 April 1971.  He had served 2 years of total active service and was transferred to the United States Army Reserve Control Group (Annual Training).  His DD Form 214, issued at the time of his REFRAD, shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star and the Expert Marksmanship Badge with M16 Rifle Bar. 

7.  A review of his records shows that his wound was annotated on his Enlisted Qualification Record (DA Form 20), indicating a gunshot wound to right leg on 31 October 1969.  His records also contain medical documentation to support his treatment.  In addition, his records also contain a copy of a citation awarding the applicant the Army Commendation Medal (ARCOM) for heroism on 31 October 1969.  The ARCOM was awarded on 1 April 1970, while the applicant was at Fort Benning.  However, the award was never annotated on his records. 

8.  Army Regulation 672-5-1, in effect at the time, established the criteria for military awards and decorations.  It provided 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
9.  That regulation also established the criteria for award of the Combat Infantryman Badge (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.

10.  It also states that the Republic of Vietnam Campaign Medal (RVNCM) is awarded for service in Vietnam for a duration of at least 60 days during the period 1 March 1961 to 28 March 1973.

11.  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.  

12.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation for the period in which the applicant served in the unit. 

CONCLUSIONS:

1.  There is sufficient evidence to show that the applicant was wounded on 31 October 1969, while serving as an infantryman in Vietnam, that he was treated by medical personnel and that he was awarded the Purple Heart for his wounds.  Accordingly, it would be in the interest of justice to correct his records to show that award.

2.  The Board also finds that there is sufficient evidence to show that he was serving in an infantry company as an infantryman when he was wounded in action against the enemy.  Accordingly, he is entitled to be awarded the CIB and it would be in the interest of justice to do so at this time.

3.  The evidence of record also shows that he was awarded the ARCOM with “V” device for the same action in which he was awarded the Purple Heart.  However, that award was also omitted from his DD Form 214 at the time of separation.  Therefore, it would be appropriate to add that award to his records at this time.

4.  The Board also determined that the applicant is entitled to awards of the RVNCM, the RVNGC w/Palm Unit Citation, and the RVNCAHM-FC Unit Citation for his Vietnam service.  The Board concludes that it would be in the interest of equity, that the applicant’s record should be corrected to include these awards at this time.

5.  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:

a.  by awarding the individual concerned the CIB, the RVNCM, the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation; and.

	b.  by showing that the individual concerned was awarded the Purple Heart and the Army Commendation Medal with “V” device.

BOARD VOTE:  

___sac__  ___mm__  __rks ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072407	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  66	107.0200/ARCOM	
3.  134	107.0088/RVNCM	
4.  140	107.0094/RVNGC	
5.  141	107.0095/RVNCAHM	
6.  157	107.0111/CIB