PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           03 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002072924

	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. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		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) be corrected to show award of the Purple Heart. 

3.  The applicant states that he was wounded in Vietnam, but the award of the Purple Heart was never entered on his DD Form 214.  He also requests other awards due him, and mentions the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Silver Star.  He states that on 28 April 1968, after 23 days of a search and destroy mission, they came under heavy fire from mortars, rockets, and small arms.  He was wounded.  He was told that he would receive the Silver Star and Purple Heart, but the awards were not reflected on his DD Form 214 when he retired in 1969.  He was in several fire fights prior to being wounded.  He states that he has the Purple Heart medal; however, he requests the Vietnam Service Medal, the Combat Infantryman Badge, the Silver Star, the National Defense Service Medal, the Army Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with rifle bar. 

4.  The applicant’s military records show that he entered on active duty on         25 September 1967, and completed training as an artilleryman, MOS (Military Occupational Specialty) 13A10.  He was awarded the Marksman Badge with rifle bar while at advanced training.  In March 1968, orders reflect his assignment to Company A, 2nd Battalion, 77th Artillery in Vietnam.  In March 1968 he was also promoted to Private First Class.  The applicant was wounded in action on          28 April 1968.  A clinical record shows that he was transferred from the           25th Medical Battalion and admitted to the 12th Evacuation Hospital on that same date with multiple penetrating wounds to his neck, back, left flank, and face, with carotid artery involvement; and that he had a ruptured left globe.  His unit is shown as Company A, 2nd Battalion, 12th Infantry, and his MOS as 13A10.  He participated in two campaigns while in Vietnam.    

5.  The 2nd Battalion, 77th Artillery 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 for its actions during the time the applicant was assigned to that organization.  The 2nd Battalion, 12th Infantry was awarded those same two awards. 
.  
6.  On 22 May 1968 the commanding officer of Company A, 2nd Battalion,         12th Infantry, recommended to the 249th General Hospital that the applicant be promoted, stating that his conduct and efficiency were excellent, and that those were only a few of the many reasons why he should be promoted.

7.  Medical records show that the applicant was wounded in action on 28 April 1968 by mortar fire, sustaining injuries to his left eye, right neck, and scattered superficial wounds of his back, left flank, and face.  On 15 October 1968 a medical board determined that he was medically unfit for military service because of his various injuries, to include severe damage to his left eye which resulted in the removal of his left eye.  The board findings were approved on 22 October 1968.  On 13 December 1968 a physical evaluation board recommended that the applicant be permanently retired with a 40 percent disability rating.  In January 1969 Department of the Army directed that the applicant be placed on the permanent disability retired list in the grade of SP4 (Specialist Four) with a disability rating of 40 percent.    

8.  The applicant was discharged on 24 January 1969.  He had 1 year and          4 months of service.  His DD Form 214 shows award of the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with rifle bar, and the Vietnam Service Medal.  It does not show award of the Purple Heart. 

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.   

10.  There is no evidence nor has the applicant submitted any, to show award of the Silver Star, or a recommendation for that award.

11.  The 1996 Defense Authorization Act established a provision whereby upon request by a Member of Congress the Secretary of the Army can review proposals for awards, or the upgrading of a decoration, that would not otherwise be authorized due to limitations established by law or policy for timely submission of a recommendation for such an award. This new provision in the law provides an opportunity for a soldier or a former soldier to have his congressional representative initiate a recommendation on his or her behalf.  

12.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

13.  The Republic of Vietnam Campaign Medal is awarded to members of the Armed Forces who have served in Vietnam for six months, or to those members who have served less than six months and who have been wounded by hostile forces.  

CONCLUSIONS:

1.  The applicant was wounded in action in Vietnam on 28 April 1968.  He is entitled to award of the Purple Heart and his DD Form 214 should reflect that award. 

2.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal for the period 25 September 1967 through 24 January 1969.

3.  The applicant is entitled to award of the Vietnam Service Medal with two bronze service stars (one for each campaign) and the Republic of Vietnam Campaign Medal.

4.  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. 

5.  There is no evidence, one way or another, to show that the applicant was issued the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with rifle bar, or the Vietnam Service Medal - those awards reflected on his DD Form 214.  However, the Board accepts the applicant’s contention that he was not issued those awards.  Consequently, those awards should be issued to him.

6.  Notwithstanding the recommendation for promotion made by the commanding officer of an infantry company and the clinical record showing that he was assigned to an infantry company, there is insufficient evidence to grant the applicant’s request for award of the Combat Infantryman Badge.  The Board notes that his records reflect that he was an artilleryman, MOS 13A10, and that orders show that he was assigned to an artillery battalion.  There is simply no evidence that he was an infantryman performing infantry duties or that he was awarded an infantry MOS; consequently, his request cannot be granted.  

7.  Because there is no evidence that the applicant was awarded the Silver Star, or recommended for that award, the Board cannot grant his request for that award.  Should the applicant elect to pursue this matter, however, he should contact his congressional representative, provide him with the details of his actions including any supporting statements, and then have his representative initiate an appropriate award recommendation.  The Awards Branch of the Total Army Personnel Command (PERSCOM) would be the agency designated by the Secretary of the Army to review new award recommendations initiated under the provision of law.

8.  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 Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards and the awards reflected on his 24 January 1969 DD Form 214 should be issued to him. 

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

BOARD VOTE:  

__INW __  __WTM__  __CG___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072924	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021003	
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.		
3.		
4.		
5.		
6.