PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                20 August 2002
	DOCKET NUMBER:       AR2002073275

	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:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Curtis L. Greenway		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, the Combat Infantryman Badge and the Air Medal.

3.  The applicant states that he received an injury to his right foot while jumping out of a helicopter when the helicopter came under fire.  He contends that he was never awarded the Purple Heart for this injury which occurred in battle.  In support of his application, he submits a copy of his DD Form 214 and orders for award of the Air Medal.

4.  The applicant’s military records show that he was inducted in the Army on 4 September 1969.  He successfully completed infantry training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in Vietnam from 23 August 1970 through 22 August 1971 and was honorably released from active duty on 22 August 1971.

5.  The applicant's DD Form 214 does not show the Purple Heart, the Combat Infantryman Badge or the Air Medal 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) is not present in his personnel records.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  Records show the applicant was awarded an infantry MOS and was assigned to the 2nd Battalion of the 18th Infantry during his tour in Vietnam.

8.  The applicant provided a copy of 3rd Brigade, 1st Cavalry Division General Orders Number 1009, dated 29 June 1971, which awarded him the Air Medal for meritorious achievement while participating in aerial flights during the period September through December 1970.

9.  The Board noted that the applicant is entitled to award of the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the military campaigns of the Vietnam War.  Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated one campaign during the Vietnam War.

11.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

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.

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.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

CONCLUSIONS:

1.  The Board considered the applicant's contention that he injured his right foot while jumping out of a helicopter that was under fire.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, there is no basis on which to base award of the Purple Heart in this case.

2.  Evidence of record shows that the applicant was awarded an infantry MOS.  The applicant’s records show that he served in an infantry duty position in an infantry unit of regimental or smaller size in combat in Vietnam.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

3.  Orders show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Air Medal.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in one campaign during his assignment in Vietnam.  Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with one bronze service star.

5.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

6.  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:

a.  by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214;

b.  by showing he was awarded the Combat Infantryman Badge, the Air Medal, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

MMD____  RWA____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Melinda M. Darby______
		        CHAIRPERSON

INDEX

CASE ID	AR2002073275	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020820	
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.	107.0000	
2.		
3.		
4.		
5.		
6.