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Decision Text

ARMY | BCMR | CY1996 | 9606302C070209
Original file (9606302C070209.TXT) Auto-classification: Approved
2.  The applicant requests that his military records be corrected to reflect award of the Combat Infantryman Badge, Purple Heart and Silver Star.

3.  Records available to the Board indicate the applicant initially entered active duty on 23 March 1967 and was assigned to Vietnam as an infantryman (specialty 11B) with the 1st Battalion, 27th Infantry Regiment from September 1967 through September 1968.  According to his service medical records he sustained multiple fragment wounds to his right thigh on 4 January 1968 when he was hit by enemy mortar fire.  Although not a part of his personnel file, his medical records indicate he was awarded the Purple Heart on orders published by the 3rd Field Hospital in Vietnam on 
5 January 1968.

4.  The applicant departed Vietnam in September 1968 and completed his initial enlistment at Fort Jackson, South Carolina where he was released from active duty on 21 March 1969.  His separation document does not reflect entitlement to the Combat Infantryman Badge, Purple Heart or Silver Star.

5.  On 20 February 1970 the applicant reenlisted.  Following training in the communications field he returned to Vietnam for a second tour of duty in September 1970.  He returned to the United States in September 1971 and on 12 January 1972 was again released from active duty.

6.  There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

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.  Army Regulation 600-8-22 also provides that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  A telephonic inquiry to the Army’s Awards Branch indicated that a search of the Vietnam era awards files failed to reveal an award of the Silver Star to the applicant during either tour of duty in Vietnam.

CONCLUSIONS:

1.  The evidence of record confirms the applicant was an infantryman assigned to an infantry element while that element was engaged in combat during his first tour of duty in Vietnam.  As such he is entitled to award of the Combat Infantryman Badge.

2.  His service medical records confirm he was wounded as a result of hostile action on 4 January 1968.

3.  There is no evidence, and the applicant has not provided any which confirms he was ever recommended for, or awarded the Silver Star during either of his tours of duty in Vietnam.

4.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by showing that the individual concerned was awarded the Purple Heart for wounds sustained as a result of hostile action on 4 January 1968 while in Vietnam; and

	b.  by awarding him the Combat Infantryman Badge for his service as an infantryman during his initial tour of duty in Vietnam.

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

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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