PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 October 1999                   
	DOCKET NUMBER:   AR1999021070

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Carol Jo Suiter		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 (CIB) and the Purple Heart.

3.  The applicant states that he never received the CIB even though he was in combat and fired upon many times.

4.  The applicant’s military records show that he enlisted in the Regular Army on 7 September 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  During his term of service he accepted non-judicial punishment on three occasions for such offenses as absenting himself from his unit and being disrespectful towards his superior non-commissioned officer.

5.  The applicant’s DA Form 20, Personnel Qualification Record, is not clear on when he served in Vietnam.  Four entries are applicable:  19 April 1966 he was enroute to Vietnam; 6 May 1966 he performed duties as a rifleman with Company B, 1/12th Cavalry, 1st Cavalry Division; 21 April 1966 (sic) he was a patient at the 106th General Hospital; and 18 October 1966 he was enroute to Korea.  After his tour in the Far East he was assigned as a drill sergeant at Fort Polk, LA.

6.  The applicant’s medical records are not available; however, his separation physical examination is.  That document includes the annotations “broken ankle 1966 VN” and “skin graft r/forearm 19 (sic).”

7.  The applicant was released from active duty on 6 September 1968 after completing 3 years of active service with no lost time.  His conduct and efficiency ratings throughout his term of service were rated “excellent.”  He had not been awarded the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 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.  It provides for the award of the Army Good Conduct Medal for each 3 years of continuous enlisted active Federal military service completed on or after            27 August 1940.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  It provides for the award of the Purple Heart to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

CONCLUSIONS:

1.  The evidence of record shows the applicant is eligible for award of the CIB.  Although the evidence is not clear on how long he served in Vietnam, it is clear that he did serve in an infantry MOS with an infantry unit during a period, the mid-1960s, when an infantry unit in Vietnam almost certainly saw combat.  The regulation does not prescribe a minimum time that these duties must have been performed prior to award of the CIB.

2.  The evidence of record also shows that the applicant was eligible for award of the Army Good Conduct Medal.  Although he did receive three Article 15s during his enlistment, they were for relatively minor infractions and the regulation at the time provided for award of the Army Good Conduct Medal to soldiers with “excellent” conduct and efficiency ratings throughout the qualifying period.

3.  Although the evidence of record shows the applicant departed Vietnam in a patient status, there is no evidence of record to show such status was due to being wounded as a result of enemy action.  He provides no evidence which would show he is entitled to award of the Purple Heart.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing he was awarded the Army Good Conduct Medal for the period 7 September 1965 – 6 September 1968 and the Combat Infantryman Badge.

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

BOARD VOTE:  

__rvo___  __rjw___  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999021070	
SUFFIX		
RECON		
DATE BOARDED	19991021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.015	
2.	107.0111	
3.		
4.		
5.		
6.