PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001064727


         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. Hubert S. Shaw, Jr.		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.

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2. The applicant requests award of the Combat Infantryman Badge, the Purple Heart and all other medals to which he is entitled.

3. The applicant states that his awards were never listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The applicant’s military records show that he entered active duty on 1 June 1966 and was discharged under other than honorable conditions on 7 August 1970 based on temporary finance records.

5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the entry, “NONE.”

6. The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Vietnam from 4 May 1968 to 8 June 1968. The DA Form 20 shows in item 38 (Record of Assignments) that he served in military occupational specialty (MOS) 11D20 (Armor Intelligence Specialist) in Troop B of the 1st Squadron of the 17th Cavalry which was the cavalry troop assigned to the 3rd Brigade of the 82nd Airborne Division.

7. Item 23a (Specialty Number and Title) on the applicant’s DD Form 214 shows that his MOS was 11D20, Armor Intelligence Specialist.

8. There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge. There also is no evidence in his records that he served as an infantryman in an infantry unit during his service in Vietnam. His DA Form 20 (Enlisted Qualification Record) does not show any entry for the Combat Infantryman Badge in item 41 (Awards and Decorations).

9. The applicant’s records show that he sustained a gunshot wound to the right arm on 20 May 1968 in Vietnam as a result of hostile action. Medical records show that the 22nd Surgical Hospital awarded the applicant the Purple Heart, but the General Order Number and date for award of the Purple Heart are unknown.

10. Army Regulation 600-8-22 (Military Awards) 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.

11. 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.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

13. 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, to include the Vietnam Service Medal. This document shows that the applicant served in Vietnam during one campaign, the Vietnam Counteroffensive Phase IV (2 April-30 June 1968).

14. 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 wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to Troop B, 1st Squadron, 17th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 43, dated 1970.

16. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to Troop B, 1st Squadron, 17th Cavalry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 48, dated 1971.


CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge or that he served in an infantry MOS in an infantry duty position during his assignment in Vietnam. Therefore, the applicant was not eligible for award of the Combat Infantryman Badge during his service in Vietnam.

2. The applicant was wounded as a result of hostile action in Vietnam on 20 May 1968. Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

3. Based on the applicant’s service in Vietnam, he is entitled to award of the Vietnam Service Medal with one bronze service star and correction of his records to show this service medal.

4. Based on the applicant’s service in Vietnam and the fact he was evacuated for wounds sustained as a result of hostile action, he is entitled to award of the Vietnam Campaign Medal and correction of his records to show award of the Vietnam Campaign Medal.

5. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6. 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:

         a. by awarding the individual concerned the Purple Heart for wounds sustained in Vietnam on 20 May 1968;

         b. by showing he was awarded Vietnam Service Medal with one bronze service star;

         c. by showing he was awarded the Vietnam Campaign Medal; and

         d. by showing he was awarded the 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:

__SK__ ___SLP___ ___EJA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Ms. Shirley L. Powell__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064727
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020319
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.