PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           7 November 2002                    
	DOCKET NUMBER:   AR2002075763

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Donald P. Hupman		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 given the award certificate for his second Purple Heart (PH).

3.  The applicant states that he never received the certificate for his second PH.

4.  The applicant’s military records show that he was inducted and entered on active duty on 26 August 1968.  He was awarded the military occupational specialty (MOS) of material storage and handling specialist, and was promoted to pay grade E-3.

5.  He arrived in Vietnam on 24 January 1969 and was assigned as a rifleman to an infantry unit.  On 17 January 1969, he was awarded the MOS of infantryman.  On 10 May 1969, the applicant was awarded the Purple Heart for wounds he received on 9 May 1969.  On 17 May 1969, the applicant’s duty status was changed to a patient.  On 27 June 1969 the applicant departed Vietnam for Korea.  On 14 November 1969, the applicant was awarded the Bronze Star for Heroism for his actions on the day he was wounded.  On 5 March 1970 the applicant departed Korea for the United States.

6.  On 13 July 1970, the applicant was honorably released from active duty prior to the expiration of his term of service to accept employment of a seasonal nature.  His separation document shows that he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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.  This regulation also provides 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.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Register) authorizes all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

CONCLUSIONS:

1.  There is no record that the applicant was ever wounded a second time or, therefore, that he ever received a second PH.  As such, there is no basis for issuing the applicant a second PH award certificate.

2.  However, the applicant was entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  Also, the applicant should have been awarded the Combat Infantryman Badge since he held an infantry MOS and was serving in an infantry unit which was engaged in active ground combat.

4.  In addition, the applicant’s one PH and his Bronze Star Medal for Valor should be entered on his separation document.

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:

	a.  awarding to the individual concerned the Combat Infantryman Badge;

	b.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

c.  adding these awards, along with his PH and Bronze Star Medal for Valor, to his separation document.

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

BOARD VOTE:  

___dph__  ___tbr___  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Raymond V. O'Connor, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR2002075763	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021107	
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.