PROCEEDINGS

	IN THE CASE OF:     .

	BOARD DATE:          11 March 2002
	DOCKET NUMBER:  AR2001063657

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Richard T. Dunbar		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 correction of his DD Form 214 (Report of Transfer or Discharge) to reflect his award of the Combat Infantryman Badge (CIB) and the Purple Heart.

3.  The applicant states that his DD Form 214 does not show all of his awards.

4.  The applicant’s military records show that he was inducted into the Army on 11 July 1968 and was trained as an infantryman.  He served in Vietnam for the period 31 October 1969 through 19 October 1970, while assigned first as an rifleman to Company A, and then as an assistant heavy truck driver, with Company E, 2nd Battalion, (Mechanized), 22nd Infantry, 25th Infantry Division.  He was honorably separated on 20 October 1970, in the rank of private. 

5.  Awards reflected on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Army Commendation Medal.

6.  His DA Form 20, Enlisted Qualification Record, Item 41 (Awards and Decorations) reflects that he was awarded the CIB on 2 January 1970 per Special Order 2, Headquarters, 25th Infantry Division.  The Purple Heart is not reflected.

7.  AR 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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  The same regulation provides that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  During the Vietnam conflict, award of the CIB was announced by the authorized approval authority in special or unit orders. 

9.  Army Regulation 600-8-22 further provides, in pertinent part, award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The applicant was assigned to a unit in the Republic of Vietnam during the period in which four campaigns took place. 

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Registrar, provides, in pertinent part that the 2nd Battalion, 22nd Infantry, 25th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation.

CONCLUSIONS:

1.  There is no evidence, nor does the applicant provide any, which supports his contention that he was awarded or earned the Purple Heart.

2.   The record shows that the applicant’s primary MOS was infantryman and that he served in an infantry duty position in an infantry unit of brigade or smaller size in Vietnam.  Further, his DA Form 20 indicates that he was awarded the CIB.

3.  The governing regulations indicates that the applicant was assigned to a unit during the period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation.  He is also entitled to have 4 bronze service stars affixed to his Vietnam Service Medal.

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 by showing that the individual concerned was awarded the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, and 4 bronze service stars for his Vietnam Service Medal.

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

BOARD VOTE:  

___rtd __  ____mkp _  ___eja_ _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Margaret K. Patterson_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001063657	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020411	
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.