PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                12 August 1999
	DOCKET NUMBER:        AR1999015696

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Ms. Meta Waller		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 award of the Purple Heart.

3.  The applicant states that his left hand was injured by a fuse from a hand grenade.  He states that the fuse ignited while he was preparing to go out on combat operations in the “Delta” of Vietnam.  In support of his application he submitted a page of the line of duty investigation and a copy of a medical record.

4.  The applicant’s military records show that he was inducted on 16 May 1967 and completed training as a light weapons infantryman in military occupational specialty (MOS) 11B.  He was permanently retired on 4 March 1969 by reason of permanent disability.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.  

6.  A casualty report in the applicant’s records states that the applicant sustained an injury to his left hand when a “friendly grenade fuse detonated” on 24 March 1968 in Vietnam.  The casualty report also states in subparagraph G:  “INJURY IS NOT RESULT OF HOSTILE ACTION.”

7.  Review of the applicant’s records reveals that he served in an infantry company in an infantry MOS in combat in Vietnam.  However, there is no indication in the applicant’s records that he was awarded the Combat Infantryman Badge.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 29 January 1968 to 4 March 1968 by Department of the Army general Orders Number 45, dated 1969.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 31, dated 1969.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 59, dated 1969.

11. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.

12.  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.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

CONCLUSIONS:

1.  There is no evidence the applicant was awarded the Purple Heart.  Evidence of record shows that the applicant was not injured nor wounded as a result of hostile action on 24 March 1968; therefore, he is not entitled to award of the Purple Heart.

2.  Evidence of record shows that the applicant completed qualifying service for award of the Combat Infantryman Badge; therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge. 

3.  The applicant was awarded the Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by awarding the applicant the Combat Infantryman Badge and correcting his records to show award of the Combat Infantryman Badge; and 

b.  by showing that the applicant was awarded the Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation. 

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

BOARD VOTE:  

RVO____  JMA____  MW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999015696	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990812	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR 635-40. . . . .  	
DISCHARGE REASON	PERMANENT DISABILITY	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.