PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 April 2002
         DOCKET NUMBER: AR2002066730


         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:

Ms. Irene N. Wheelwright		Chairperson
Ms. Melinda M. Darby		Member
Mr. John T. Meixell		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge.

3. The applicant states that he earned these awards in Vietnam and they are not shown on his DD Form 214. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he enlisted in U.S. Air Force (USAF) on 11 May 1960, was honorably discharged on 8 May 1964 and transferred to the USAF Reserves on 9 May 1964. He enlisted in the Regular Army on 11 January 1965 for a period of 3 years. He served as a light weapons infantryman in Vietnam from 21 September 1965 until he was wounded on
19 October 1965 and evacuated to the United States on 29 October 1965. On 20 December 1966, the applicant was honorably discharged by reason of permanent disability.

5. The applicant’s DD Form 214 does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

6. There are no orders for award of the Purple Heart in the applicant’s service personnel records. However, item 27 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry, “Shrapnel wounds to stomach, eye, head, leg and thighs 19 Oct 65 [October 1965] Vietnam.”

7. The applicant’s records contain a Western Union Telegram, dated 21 October 1965, which shows he was wounded in action in Vietnam on 19 October 1965 as a result of hostile action.

8. His service personnel records show that he was assigned to Company B,
1st Battalion, 16th Infantry in military occupational specialty (MOS) 11B (light weapons 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 he served in Vietnam from
21 September 1965 through 29 October 1965 and participated in one campaign (Vietnam Defense Campaign, 8 March 1965 to 24 December 1965).

10. There is no evidence in the available records which shows the applicant was considered for the first award of the Good Conduct Medal.

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 Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969. This award is not shown on his discharge document.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also 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 53, dated 1970. This award is not shown on his discharge document.

13. 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.

14. 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.

15. 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.

16. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

17. 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.

CONCLUSIONS:

1. Evidence of record shows the applicant was wounded as a result of hostile action on 19 October 1965 in Vietnam. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart.

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 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 one campaign during his assignment in Vietnam which is not correctly shown by award of one bronze service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show these awards.

4. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 11 January 1965 through 20 December 1966 ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his military records to show this award.

5. 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, he is entitled to correction of his DD Form 214 to show these unit citations.

6. Evidence of record shows the applicant served in Vietnam from 21 September 1965 until he was wounded on 19 October 1965 and evacuated to the United States on 29 October 1965. Therefore, in accordance with the governing regulation, the applicant is entitled to award of the Vietnam Campaign Medal and correction of his military records to show this award.

7. 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 showing that the individual concerned was awarded the Purple Heart, the Combat Infantryman Badge, the Vietnam Service Medal with one bronze service star, the first award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Vietnam Campaign Medal.

BOARD VOTE:

INW____ MMD____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066730
SUFFIX
RECON
DATE BOARDED	20020416
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0111
3.	107.0000
4.
5.
6.