PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            07 AUGUST 2003                  
	DOCKET NUMBER:   AR2003083689

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Ms. Mae M. Bullock		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 award of the Bronze Star Medal.  He states that he was told by a member of his organization that he was being recommended for award of the Bronze Star Medal and that he had the award but it was misplaced.  In correspondence to his congressional representative he indicated that while on patrol his unit came under enemy fire.  He states that he moved forward to assist the unit's "point man."  He related that the two of them returned enemy fire until they had "stopped receiving gun fire from the enemies."  He states the unit subsequently came under mortar attack and he was wounded.  He states that when he woke up in the hospital the unit's "point man" told him he was going to recommend him for the Bronze Star Medal for saving his (the point man's) life.  The applicant stated that he received the award while at Fort Gordon, Georgia.  He submits no evidence in support of his request.

3.  Records available to the Board indicate that the applicant entered active duty on 13 June 1967 and following training as an infantryman he was assigned to Vietnam as an infantryman (11B) in November 1967.  On 14 March 1968, while assigned to Company A, 1st Battalion, 5th Infantry, he was wounded as a result of hostile actions and ultimately evacuated from Vietnam, via Japan, to Fort Gordon, Georgia.  

4.  In November 1968 he was reassigned to Fort Benning, Georgia and assumed duties as a unit supply specialist with the United States Army Dental Activity.  By April 1970 he was awarded a dental specialty (91E).

5.  On 10 July 1970 the applicant was released from active duty with an honorable characterization of service and transferred to the United States Army Reserve.  Although his separation document, which he authenticated, does reflect entitlement to several decorations, including the Purple Heart, it does not reflect award of the Bronze Star Medal.

6.  A review of the historical files of the 5th Infantry, maintained at the National Archives in College Park, Maryland were reviewed and failed to confirm that the applicant was ever recommended for, or awarded the Bronze Star Medal.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

8.  Army Regulation 600-8-22 also states that there are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

9.  A review of Department of the Army Pamphlet 672-3 notes that the applicant's unit (Company A, 1st Battalion, 5th Infantry) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, while he was a member of the organization.  Those awards were omitted from his separation document.

CONCLUSIONS:

1.  Unfortunately, there is no evidence, nor has the applicant provided any which confirms he was ever recommended for, or awarded, the Bronze Star Medal.  In the absence of such evidence, there is no basis for the Board to correct his records to reflect that decoration.

2.  The evidence does, however, confirm that the applicant was an infantryman, assigned to an infantry element, and his award of the Purple Heart for wounds sustained as a result of hostile action serves as confirmation that the applicant actively participated in ground combat.  In view of this evidence, the Board notes that the applicant met the requirements for award of the Combat Infantryman Badge, and concludes that it would be appropriate, and in the interest of justice and equity to award him the Combat Infantryman Badge and correct his records accordingly.

3.  The evidence also confirms that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, which were omitted from his separation document.

4.  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:

	a.  by awarding him the Combat Infantryman Badge; and

	b.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

__AAO__  ___TBR      __MMB _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2003083689	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030807	
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.