PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 January 2002
         DOCKET NUMBER: AR2001061232


         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
Mrs. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Mr. George D. Paxson		Chairperson
Mr. Walter T. Morrison		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.

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2. The applicant requests award of the Purple Heart Medal.

3. The applicant states, in effect, that he was wounded while serving in the Republic of Vietnam (RVN). He was not awarded the Purple Heart for his injury.
The applicant submits copies of his treatment records in support of his application.

4. The applicant’s military records show that he enlisted in the Regular Army on 10 February 1966 for 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty
11B10 (Light Weapons Infantryman). The highest pay grade he achieved was pay grade E-5.

5. The applicant arrived in the RVN on or about 23 August 1966. He was assigned to Company D, 1^st Battalion, 8^th Cavalry, 1^st Cavalry Division, Vietnam. He was also assigned to Company C, 1^st Battalion (Airborne), 8^th Cavalry, 1^st Cavalry Division (Airmobile), Vietnam.

6. There are no orders in the applicant’s service personnel record, which show that he was awarded the Purple Heart. The applicant’s DA Form 20, (Enlisted Qualification Record) item 40 (Wounds) shows that he was wounded on
16 February 1967.

7. The applicant’s medical record is unavailable for review. However, further review of the applicant’s Official Military Personnel Service record revealed several medical forms; DA Form 8-274 (Medical Condition Physical Profile Record), Standard Form 513 (Clinical Record/Consultation Sheet), Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Report of Medical History) indicated that the applicant received a gunshot wound to his right shoulder.

8. The 1967 Vietnam Casualty Roster also confirms that the applicant was wounded and was treated for an injury that resulted from hostile action.

9. The medical information submitted by the applicant shows that he sustained and was treated for wounds to his right shoulder.

10. There is no indication in the applicant’s personnel record that shows he was awarded the Army Good Conduct Medal (AGCM). There also is no evidence that the applicant was disqualified by his unit commander for the AGCM. His record shows that he received excellent conduct and efficiency ratings during his entire period of service. There is no evidence of derogatory information contained in the available record.

11. Review of the applicant’s record revealed Special Orders #64, dated
5 March 1967, from Headquarters, 1^st Cavalry Division (Airmobile), Vietnam, awarded the applicant the Combat Infantryman Badge (CIB). However, this award is not listed on the applicant’s DD Form 214.

12. The applicant departed the RVN on or about 28 April 1967. On 7 February
1969, the applicant was released from active duty and transferred to the U. S. Army Reserve. He completed 2 years, 11 months and 28 days of creditable active service. His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), shows that he was awarded the National Defense Service Medal, the Air Medal, the Vietnam Service Medal, the Parachutist Badge and the Sharpshooter Badge (M-14 and M-16). It does not show the PH medal.

13. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

14. Army Regulation 600-8-22 provided, in pertinent part, that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and for the first award only, upon termination of service on or after 27 June 1950, of less than
3 years but more than 1 year. At the time, a soldier’s conduct and efficiency rating must have been rated as “excellent” for the entire period of qualifying service.

15. 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.

16. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. This foreign award is not shown on the applicant’s DD Form 214.

17. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit award received by units serving in
Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated
1974. This unit award is not shown on the applicant’s DD Form 214.

CONCLUSIONS:

1. The evidence of record and the evidence provided by the applicant clearly show that he was wounded and was treated for an injury received as a result of hostile action; therefore he was entitled to the award of the Purple Heart.

2. The evidence of record shows that the applicant was entitled to the first award of the Army Good Conduct Medal for the period 10 February 1966 to 7 February 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to the award of the Army Good Conduct Medal and correction of his records to show the award.

3. The evidence of record also shows Special Orders #64, dated 5 March
1967 filed in the applicant’s record awarded him the Combat Infantryman Badge.
Therefore, based on the evidence of record, the applicant is entitled to correction of his record to show the award of the Combat Infantryman Badge.

4. The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show the award.

5. Based on the applicant’s service in Vietnam, he is entitled to award of the
Republic of Vietnam Campaign Medal.

6. 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:

a. awarding the applicant the Purple Heart Medal, the Army Good Conduct Medal for the period 10 February 1966 – 7 February 1969 and the Combat Infantryman Badge; and

b. adding the Purple Heart Medal, the Army Good Conduct Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Campaign Medal to the applicant’s DD Form 214.

BOARD VOTE:

__gdp___ __wtm___ __rtd___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           George G. Paxson
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001061232
SUFFIX
RECON
DATE BOARDED	20020124
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.