RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 SEPTEMBER 2005 DOCKET NUMBER: AR20050001177 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. William Powers Chairperson Mr. John Meixell Member Mr. Larry Olson Member 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, via two different application forms and an individual statement, that his records be corrected to reflect award of the Combat Infantryman Badge, a Parachutist Badge, Army Commendation Medal with "V" device, a second award of the Bronze Star Medal, the Purple Heart, and a unit citation. 2. The applicant states, in effect, his military specialty was 11B4P (airborne infantry), that he served in combat nearly the entire time he was in Vietnam, and that he was awarded the Army Commendation Medal with "V" device, two awards of the Bronze Star Medal, an Air Medal, and a unit combat citation. 3. He states that after being discharged from active duty he went to the Department of Veterans Affairs where he reported he had two medical problems; malaria and ringing in the ears/hearing loss. He states that while in Vietnam his unit was attacked and a rocket exploded a few feet from him. He states the concussion knocked him off his feet and that for several minutes he could not hear. He notes other Soldiers with him thought he had been wounded because he screamed out as he hit the ground. He states after regaining his senses he continued in the battle. 4. The applicant provides a copy of orders awarding him the Combat Infantryman Badge. CONSIDERATION OF EVIDENCE: 1. The applicant requested correction of his records to show award of a second Bronze Star Medal and an award of the Army Commendation Medal with "V" device. There are no orders or other evidence authorizing award of these decorations. In the absence of a proper award authority for these decorations, the applicant may request those awards under the provisions of Section 1130 of Title 10, United States Code. The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, they will not be discussed further in the Record of Proceedings. 2. Records available to the Board indicate the applicant entered active duty on 25 April 1968. While undergoing training he qualified as a marksman with the M-14 rifle and as a sharpshooter with the M-16 automatic rifle. He was awarded the associated badge and component bars but the information was omitted from his separation document. 3. Although there were no orders in the applicant's file awarding him the Parachutist Badge, there were several documents, including his separation report, which confirmed he was a qualified parachutist. His military specialty, on several documents, shows an identifier of "P" which denotes qualification as a parachutist. 4. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge. Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump. 5. According to the applicant's separation document he arrived in Vietnam on 4 June 1969. Orders awarding him the Combat Infantryman Badge in July 1969 indicate the applicant was assigned to Company B, 1st Battalion, 5th Cavalry Regiment at the time. Orders confirming the badge were issued by the 1st Air Cavalry Division. The Combat Infantryman Badge was omitted from the applicant's separation document. 6. In February 1970 the applicant was reassigned from Company B of the 1st Battalion, 5th Cavalry Regiment to the Headquarters and Headquarters Company. He departed Vietnam on 2 April 1970, according to the information on his separation document. 7. On 2 April 1970 the applicant was released from active duty. 8. There were no service medical records available to the Board. However, a separation physical examination, completed on 2 April 1970 makes no mention of any wounds incurred as a result of combat. The applicant's name is not among a list of individuals reported as combat casualties during the Vietnam War. 9. Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been made a matter of official record. 10. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment. 11. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was credited with participating in three designated campaigns (TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970) during the applicant’s period of assignment. Three bronze service stars on the Vietnam Service Medal, which is recorded on his separation document, should reflect his campaign participation. The unit was also awarded two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure with the organization. The unit awards were also omitted from his separation document. DISCUSSION AND CONCLUSIONS: 1. The evidence confirms the applicant was awarded the Combat Infantryman Badge. His records should be corrected accordingly. 2. The evidence also confirms that the applicant qualified as a marksman with the M-14 rifle and as a sharpshooter with the M-16 automatic rifle and that he was awarded the associated badge and component bars. His records should be corrected to reflect that information. 3. While there are no orders in the applicant's file confirming he was awarded the Parachutist Badge, the fact that several documents, including his separation document, indicate he held a parachutist identifier, is sufficient to confirm he completed airborne training. In the interest of justice and equity, it would be appropriate to correct his records to reflect award of the Parachutist Badge. 4. The evidence also confirms the applicant is entitled to three bronze service stars on his Vietnam Service Medal, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His records should be corrected to reflect that information. 5. Unfortunately, there is no medical evidence which confirms the applicant was wounded as a result of hostile action while in Vietnam. In the absence of such evidence, there is no basis for an award of the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __ W P__ __JM ___ ___LO __ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing that he was awarded the Combat Infantryman Badge; b. by showing that he qualified as a marksman with the M-14 rifle and as a sharpshooter with the M-16 automatic rifle and was awarded the associated badge and component bars; c. by awarding him the Parachutist Badge; and d. by showing that he is entitled to three bronze service stars on his Vietnam Service Medal, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart. _____ William Powers_______ CHAIRPERSON INDEX CASE ID AR20050001177 SUFFIX RECON YYYYMMDD DATE BOARDED 20050908 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION PARTIAL GRANT REVIEW AUTHORITY ISSUES 1. 107.00 2. 3. 4. 5. 6.