PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           12 December 2002
	DOCKET NUMBER:   AR2002074469

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold  		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 military records to show that he was awarded the Purple Heart.

3.  The applicant states that his DD Form 214 does not show that he was awarded the Purple Heart.

4.  Counsel is listed but no statement is provided.

5.  The applicant’s military records show that he was inducted into the Army on 8 June 1970 and was trained as an 11B, infantryman.  He served in Vietnam for the period 11 November 1970 through 23 February 1971, while assigned to Company C, 2nd Battalion, 46th Infantry, 196th Infantry Brigade.  He was transferred to the US Army Reserve on 18 January 1972.  His character of service was honorable and he had completed a total of 1 year, 7 months and 11 days of creditable active service.  His separation document shows no lost time.

6.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), signed by the applicant, reflects that he was awarded the National Defense Service Medal, and the Vietnam Service Medal.  The Purple Heart is not listed as an authorized award.

7.  A casualty message dated 9 January 1971, reported that the applicant was seriously wounded with a gunshot wound to the right side of his chest and was admitted to a medical facility.

8.  In his records are Headquarters, 23rd Infantry Division, General Orders Number 487, dated 10 January 1971, awarding the applicant the Bronze Star Medal with "V" Device - to denote heroism.  In part, the citation reports that the applicant's unit on 9 January 1971, in Vietnam came under intense automatic weapons fire from a North Vietnamese Army force.  The applicant although painfully wounded refused medical attention and continued advancing, providing excellent cover fire while continually exposing himself to enemy fire.

9.  The applicant’s name is listed on the Vietnam Casualty Roster as having been wounded in action.

10.  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.

11.  The same regulation provides that the Army Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service: for first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

12.  The same regulation provides for award of the Vietnam Campaign Medal with Device (1960).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

13.  The same regulation provides that the Combat Infantryman Badge is awarded to infantry officers and enlisted personnel who have an infantry military occupational specialty.  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 US Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in military occupational specialty 11B, 11C, 11F, 11G, or 11H.

14.  The same regulation provides that based on Department of the Army General Orders Number 8, dated 19 March 1974, all units assigned to Vietnam between 8 February 1962 and 28 March 1973, were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1.  The evidence of record shows that the individual concerned is entitled to award of the Purple Heart by virtue of the wounds he suffered in Vietnam on 

9 January 1971.  He is therefore entitled to have the award shown on his DD Form 214.

2.  Orders present in his record reflect that he was awarded the Bronze Star Medal with "V" Device and the award should be reflected on his DD Form 214.

3.  The record further shows that the applicant had an infantry military occupational specialty and was engaged in active ground combat while assigned to an infantry unit of brigade or smaller size; therefore, he is entitled to have the Combat Infantryman Badge shown on his DD Form 214.

4.  Based on Department of the Army General Order Number 8, he is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in recognition of the one campaign in which he participated during his Vietnam service, he is entitled to one Bronze Service Star to be worn on his Vietnam Service Medal.

5.  The applicant’s service was meritorious, as evidenced by his promotion to specialist in less than two years of service.  Since the record is also devoid of any evidence of disciplinary action taken against him, it would appear that the absence of the Army Good Conduct Medal for the period of his service from 8 June 1970 through 18 January 1972 was an oversight and he is entitled to its award and to a correction of his records to show this award.

6.  In reviewing his case, it was also noted that he is entitled to the Vietnam Campaign Medal, which is not reflected on his DD Form 214.

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:

a.  showing that the individual concerned was awarded the Purple Heart for wounds received in Vietnam on 9 January 1971; and

b.  showing he was awarded the Bronze Star Medal with "V" Device, the Army Good Conduct Medal for the period 8 June 1970 through 18 January 1972, one Bronze Service Star to be worn on his Vietnam Service Meal, the Republic of 
Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

___rwa__  ___bpi___  ___kyf_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Roger W. Able_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002074469	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021212	
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.