PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 November 2002   
	DOCKET NUMBER:   AR2002076975

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 and the Combat Infantryman Badge.

3.  The applicant states, in effect, that he was hit with mine fragments in his right thigh on 29 July 1967 in Vietnam.  He also contends that his primary and only military occupational specialty (MOS) was 11B (light weapons infantryman).  In support of his application, he submits a letter of explanation, dated 16 July 2002; a copy of his DD Form 214 (Report of Transfer or Discharge); a copy of his DA Form 20 (Enlisted Qualification Record); discharge orders from the U.S. Army Reserve (USAR), dated 15 December 1971; a DD Form 47 (Record of Induction), dated 26 August 1965; and a copy of NGB [National Guard Bureau] Form 22 (Record of Separation and Record of Service), dated 20 July 1974.    

4.  The applicant’s military records show that he was inducted on 30 December 1965.  He served as a light weapons infantryman in Vietnam from 21 November 1966 through 25 October 1967 and was honorably released from active duty on 26 October 1967 and transferred to the USAR.  The applicant was honorably discharged from the USAR on 29 December 1971.  He subsequently served in the Army National Guard and was honorably discharged on 20 July 1974.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

6.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows he was wounded on 29 July 1967.

7.  The Vietnam Casualty Roster shows the applicant was wounded as a result of hostile action on 29 July 1967.  

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was assigned to Company C, 2nd Battalion, 3rd Infantry of the 199th Infantry Brigade in MOS 11B (infantryman) during his assignment in Vietnam.  

9.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that the participated in two campaigns during his assignment in Vietnam.

10.  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 6, dated 1974.  This award is not shown on his discharge document.

11.  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 Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 31, dated 1971.  This award is not shown on his discharge document.
 
12.  Army Regulation 600-8-22 (Military Awards) 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.

13.  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.

14.  Army Regulation 600-8-22, in pertinent part, authorizes 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.

CONCLUSIONS:

1.  The Vietnam Casualty Roster shows the applicant was wounded as a result of hostile action on 29 July 1967 in Vietnam.  Therefore, the Board determined that there is sufficient evidence on which to base award of the Purple Heart in this case. 

2.  Evidence of record shows the applicant served in an infantry MOS while assigned to an infantry company in Vietnam.  Evidence of record also shows the applicant was wounded in action.  Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.  

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show these unit citations.

5.  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 by showing the individual concerned was awarded the Purple Heart, the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of 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:  

FNE___  LE______  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2002076975	
SUFFIX		
RECON		
DATE BOARDED	20021121	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.	107.0000	
4.		
5.		
6.