PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 March 2002
	DOCKET NUMBER:   AR2001065089

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, Jr.		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, in effect, this military records be corrected to show that he was awarded the Purple Heart (PH), Air Medal (AM), and Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that his separation document (DD Form 214) does not include the PH, AM, and CIB in the list of authorized awards in 
item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

4.  The applicant’s military records show that he entered the Army on 
28 February 1968, and that he continuously served on active duty for 2 years,
7 months, and 10 days until 8 October 1970, when he was honorably separated in the rank of specialist five/E-5.  His awards include the Bronze Star Medal, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam (RVN) Campaign Medal with 60 Device.

5.  Neither his DD Form 214, nor his Enlisted Qualification Record (DA From 20) reflect entitlement to the PH, AM, or CIB.  His DA Form 20 does show he served in the RVN, in military occupational specialty (MOS) 63A (Rigger Crewman), with B Company, 7th Support Battalion, 199th Light Infantry Brigade, from 25 October 1969 to 24 October 1970.  Item 40 (Wounds) contains no entry, which would indicate he was never wounded or injured in action during his active duty tenure.

6.  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.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal (AM) is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

8.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the AM.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award and there were no provisions for making the award simply because an aircraft was struck by enemy fire.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry personnel, with an infantry MOS, who 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the applicant’s unit, B Company, 
7th Support Battalion, 199th Light Infantry Brigade, was cited for the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his military records should be corrected to show he earned the PH, AM, and CIB, but it finds these claims lack merit.  

2.  The evidence of record does not show that the applicant was wounded or injured in action or that he was ever awarded the PH and the applicant has failed to provide evidence that supports his claim of entitlement to the PH.  In addition, there is no evidence to show that he performed infantry duties, in an infantry MOS, while assigned and personally present under hostile fire with a qualifying unit that was actively engaged in ground combat with the enemy.  Therefore, the Board finds insufficient evidence to support awarding him the PH or the CIB.

3.  Further, the evidence of record fails to show that the applicant satisfied the regulatory criteria necessary to be awarded the AM.  Therefore, lacking independent evidence to the contrary, the Board finds no evidentiary basis to support granting this requested relief. 

4.  The evidence of record does show that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment.  Therefore, the Board concludes it would be appropriate to add these awards to his record at this time. 

5.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that reflects these awards.

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

BOARD VOTE:  

__SLP__  __SK __  __EJA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		         __Shirley L. Powell__
		             CHAIRPERSON	

INDEX

CASE ID	AR2001065089	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/19	
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.	107.0000	
2.		
3.		
4.		
5.		
6.