PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            15 July 2003      
	DOCKET NUMBER:   AR2003087377

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Andersen		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 he be awarded the Combat Infantryman Badge, the Purple Heart, and the Republic of Vietnam Cross of Gallantry with Palm Unit Citation.

3.  The applicant states that the U. S. Court of Appeals for Veterans Claims and the Department of Veterans Affairs certified that he was in combat and suffered injuries and was in Long Binh Hospital in Vietnam.  He provides a Board of Veterans' Appeals decision dated 26 July 2001 as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 5 August 1964.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 71B (Clerk Typist).

5.  On 27 November 1964, the applicant was assigned to 7th Administrative Company, 7th Infantry Division, Korea as a clerk typist.

6.  On 14 September 1965, the applicant was assigned to U. S. Military Assistance Command, Vietnam as a pay assistant.  He departed Vietnam on      5 August 1966 after being credited with participation in 3 campaigns.  

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show that he was wounded.  His service medical records are not available.

8.  The applicant was awarded the Army Commendation Medal by U. S. Military Assistance Command, Vietnam on General Orders Number 1238 dated            25 August 1966.  

9.  The applicant was released from active duty on 4 August 1967.  His DD Form 214 shows he was awarded the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and 1 overseas bar.

10.  The 26 July 2001 Board of Veterans' Appeals decision awarded the applicant service-connection for Post-Traumatic Stress Disorder (PTSD).  That board found that the evidence of record as a whole (to include evidence that he served with an infantry unit, his contentions, statements made by a former service comrade, and an undated service record stating that he accompanied a security platoon on sweep and ambush patrols) indicated that he engaged in combat with the enemy during his Vietnam service.

11.  Army Regulation 600-8-22 (Military Awards) provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.    

12.  Army Regulation 600-8-22 provides for award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record.  Battle fatigue (i.e., PTSD) is an example of an injury or wound which clearly does not qualify for award of the Purple Heart.

13.  Department of the Army General Number Orders 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1.  All units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant's DD Form 214 should be amended to add this unit award.

2.  The evidence of record shows the applicant received participation credit for    3 campaigns, entitling him to wear 3 bronze service stars on the Vietnam Service Medal.  His DD Form 214 should be amended to reflect this fact.

3.  The evidence of record shows the applicant was awarded the Army Commendation Medal.  His DD Form 214 should be amended to add this award.

4.  The Board notes the Board of Veterans' Appeals found that the evidence showed the applicant served with an infantry unit and that an undated service record stated that he accompanied a security platoon on sweep and ambush patrols, indicating he engaged in combat with the enemy during his Vietnam service.

5.  However, the mentioned undated service record is not available to this Board. The evidence of record does not show that the applicant served with an infantry unit while in Vietnam (he was assigned to the 7th Infantry Division while in Korea).  The applicant was never an infantryman.  He held an administrative military occupational specialty and was assigned to U. S. Military Assistance Command, Vietnam, not an infantry unit.  He did not meet the eligibility criteria for award of the Combat Infantryman Badge.  

6.  There is no evidence of record to show the applicant was wounded as a result of enemy action.  There is no evidence of record available and he provides no evidence, such as his service medical records, to show when or why he was hospitalized.  The regulation specifically states that battle fatigue/PTSD does not qualify for award of the Purple Heart.  Therefore, there is insufficient evidence to show the applicant is eligible for award of the Purple Heart.

7.  In view of the foregoing, the applicant’s records should be corrected but only as recommended below.

RECOMMENDATION:

1.  That the applicant's DD Form 214 be amended to add the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is eligible to wear 3 bronze service stars on the Vietnam Service Medal.

2.  That so much of the application as pertains to award of the Combat Infantryman Badge and the Purple Heart be denied.

BOARD VOTE:  

__fne___  __mvt___  __ena___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087377	
SUFFIX		
RECON		
DATE BOARDED	20030715	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.