RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003090630

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Ms. Linda M. Barker		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests reconsideration of his previous application to correct his military records by awarding him the Purple Heart and the Air Medal. 

2.  The applicant states that he has provided supporting documentation to show that he was wounded in action.  He states that the list of brigade operations that he provides supports his claim for award of the Air Medal.  He states, in effect, that he took part in numerous combat flight operations, in which he [and others] flew in by helicopters under enemy fire assaulting in the first wave.  He states that he made 4 parachute jumps while in Vietnam, all from helicopters.    

3.  The applicant provides a list of combat operations of the 173d Airborne Brigade, a copy of an 18 November 2002 statement from a retired first sergeant, a copy of a 27 November 2002 statement from a former comrade, and a copy of a letter written to his mother while he was in Vietnam.

4.  In a 25 July 2003 request for assistance to a Member of Congress, the applicant provided a copy of his DD Form 214 (Report of Transfer or Discharge), a copy of the above-mentioned documents, a copy of the DD Form 214 of his former comrade, and a copy of the DD Form 214 of the retired first sergeant.  

CONSIDERATION OF EVIDENCE: 

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2001061514 on    2 May 2002.

2.  In an 18 November 2002 statement, a retired first sergeant stated that he was a medical specialist with the 2nd Battalion, 503d Infantry in Vietnam, and served as an aid man with the 2nd Platoon, Company A about six months from August 1965 to February 1966.  He stated that around New Year's of 1966, the company was on a mission and came under fire.  Several members were pinned down and sought cover under a huge termite mound.  The mound exploded from a grenade or a booby trap, and two of the men he remembered being injured were the applicant and SP4 (Specialist Four) "K."  SP4 "K" had wounds to his face and back and was bleeding from his ear.  The applicant was hit in the hand by shrapnel.  His hand had some wire-looking shrapnel.  He [the retired first sergeant] pulled those out and put on a bandage.  He stated that he was sure he told him to seek treatment; however, the applicant apparently never did.  He stated that the applicant should be awarded the Purple Heart. 

3.  The retired first sergeant's DD Form 214 shows that he was a medical NCO (noncommissioned officer) and that he served in Vietnam.
4.  In a 27 November 2002 statement, Mr. "K" stated that he served with the     2nd Platoon, Company A of the 2nd Battalion 503d Infantry from May 1965 to June 1966.  He provided much of the same information as the former first sergeant relating to the circumstances of his and the applicant's wounds, and their treatment.  A copy of his DD Form 214 (of which the characterization of his service was upgraded to honorable by this Board on 28 October 1998) shows that he served in Vietnam.  That Board decision shows that Mr. "K" was a rifleman with the 2nd Battalion, 503d Infantry, 173d Airborne Brigade, from         30 May 1965 to 29 May 1966, and during that period the brigade participated in 31 combat operations. That Board determined that it was reasonable to presume that he was required to perform combat duties involving aerial flight and qualified for award of the Air Medal. That Board decision also shows that Mr. "K" was wounded by shrapnel in the left arm and knee and to the right ear on                 29 December 1965.  The Board determined that Mr. "K" should be awarded the Air Medal and the Purple Heart.    
 
5.  In a letter to his mother, dated 5 January 1966, the applicant stated that he was in a battle and was wounded by small piece of shrapnel from a grenade in the middle of his finger, and that it was not that bad, so he did not report it.  In that letter, he also remarked about a former schoolteacher.  A copy of the envelope that the applicant used to enclose the letter shows his return address as Co A, 2/503 (Abn) Inf, and that it was postmarked on 30 January 1966. 

6.  Documents contained in the applicant's records shows that he qualified as an expert with the rifle and as a sharpshooter with the pistol.  The 2 May 2002 Board noted that annotations concerning those qualifications were contained on his DA Form 20 (Enlisted Qualification Record).     

7.  The applicant's Individual Jump Record (DA Form 1307) shows that he participated in five jumps during his tour in Vietnam.   

8.  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.   
  
DISCUSSION AND CONCLUSIONS:

1.  The applicant qualified as an expert with the rifle and as a sharpshooter with the pistol.  The awards depicting those qualifications should be shown on his      DD Form 214. 

2.  The applicant was an infantry squad leader who served in combat with an airborne infantry company.  He is entitled to award of the Combat Infantryman Badge.

3.  There is no medical evidence to indicate that the applicant was wounded in action.  Nonetheless, the documents that he submits – the two statements from former comrades, the letter to his mother letter dated shortly after the date that he stated that he was wounded; and the information in the 28 October 1998 Board case showing that Mr. "K" was wounded on that same date, are convincing.  The applicant was wounded in action on 29 December 1965.  He is entitled to award of the Purple Heart.    

4.  The applicant has been persistent in requesting an award of the Air Medal; however, the only evidence available is that showing he participated in five jumps while in Vietnam.  Nonetheless, the argument that he, an infantry squad leader, with an airborne infantry battalion, participated in helicopter assaults during his yearlong tour of duty in Vietnam, rings true.  It is reasonable to presume that he performed combat duties involving aerial flight.  Any doubt should be resolved in favor of the applicant.  Consequently, he is entitled to, award of the Air Medal.   

BOARD VOTE:

__JNS __  __RTD __  __LMB __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR2001061514, dated 2 May 2002.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by award of the Purple Heart, the Air Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with rifle bar, and the Sharpshooter Marksmanship Qualification Badge with pistol bar.

		____John N. Slone________
		        CHAIRPERSON

INDEX

CASE ID	AR2003090630	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040210	
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.