PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           26 February 2002 
	DOCKET NUMBER:  AR2001063994

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond J. Wagner		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 that his records be corrected to show entitlement to award of the Purple Heart (PH).

3.  The applicant is silent on the issue; however, he provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 12 February 1971 and a photocopy of a PH with his name engraved on the reverse.

4.  The applicant’s military records show that he was inducted into the Army on 19 February 1969.  He completed his training requirements and was awarded military occupational specialty (MOS) 11H (Infantry Indirect Fire Crewman).

5.  During the period 20 August 1969 and 28 January 1970, he served in a unit in Vietnam.

6.  The applicant was separated on 12 February 1971 with an Honorable Discharge Certificate.

7.  Departmental Message 232123ZFEB69 indicates the applicant was slightly wounded on 22 September 1969 by “Frag Wound, Right Arm, on combat operation.  Engaged hostile force in fire fight.”

8.  Item 40 (Wounds), DA Form 20 (Enlisted Qualification Record) indicates “FW (R) Forearm”.

9.  The Board notes that applicant’s records also give evidence that he was qualified for award of the Good Conduct Medal (GCMDL), the Combat Infantryman Badge (CIB), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.

11.  Army Regulation 600-8-22 provides that the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the GCMDL, disqualification must be justified.  

12.  Army Regulation 600-8-22 provides, in pertinent part, 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.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

14.  Department of the Army Pamphlet 672-3 also 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 Meritorious Unit Commendation for actions during the period 24 August to 5 September 1969 by Department of the Army General Orders Number 32, dated 1973.  

CONCLUSIONS:

1.  The evidence of record clearly shows the applicant was wounded in action on 22 September 1969 and is entitled to award of the PH and his records should be corrected accordingly.

2.  The evidence of record also shows his entitlement to award of the GCMDL for the period 19 February 1969 to 12 February 1971, the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation and his records should be corrected, accordingly.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded:

a.  the PH for wounds received in action on 22 September 1969,

b.  the GDMDL for the period 19 February 1969 to 12 February 1971,

c.  the CIB,

d.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
e.  the Meritorious Unit Commendation.

BOARD VOTE:  

_rjw___  _jhl____  _rtd____        GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		       JoAnn H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001063994	
SUFFIX		
RECON		
DATE BOARDED	20020226	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.