PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2002068136


         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Raymond J. Wagner		Member
Mr. Arthur A. Omartian		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 that he was awarded the Purple Heart (First Oak Leaf Cluster), the Overseas Service Ribbon, and the Combat Infantryman Badge.

3. The applicant states, in effect, that his DD Form 214 does not show the
Purple Heart (First Oak Leaf Cluster), the Overseas Service Ribbon, or the Combat Infantryman Badge. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show he was inducted on 18 November 1966, as a light weapons infantryman. He served in Vietnam from 2 May 1967 to 2 April 1968, and was released from active duty on 15 November 1968.

5. His discharge document does not show any awards of the Purple Heart, the Overseas Service Ribbon, or the Combat Infantryman Badge as authorized awards.

6. There are no orders in the applicant’s service personnel records which show that he was awarded any awards of the Purple Heart. There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.

7. The applicant underwent a separation medical examination on 3 October 1968, and was found qualified for separation with a 111111 physical profile.

8. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

9. Item 41 of his DA Form 20 shows the entry “CIB (Combat Infantryman Badge)
SO #202 Hq 1st CAV DIV (Special Order Number 202 Headquarters, 1st Cavalry Division) Yes.” However, this order is unavailable for review.

10. The applicant’s DA Form 20 shows he served as a light weapons infantryman (11B) with Company D, 5th Battalion, 7th Cavalry, 1st Cavalry Division during his service in Vietnam.

11. The applicant’s records contain a copy of Headquarters, 1st Cavalry Division (AIRMOBILE) General Orders 2213, dated 12 April 1968, which shows that he was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while serving in Vietnam during the period April 1967 to April 1968.




12. 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.

13. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14. The applicant’s name did not appear on the Vietnam Casualty List for wounds received during the period 2 May 1967 to 2 April 1968.

15. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award
may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

16. 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.

17. 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 Company D, 5th Battalion, 7th Cavalry,
1st Cavalry Division, the unit to which the applicant was assigned, was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 39, 1970.

18. This pamphlet also shows that his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.



19. Review of the applicant’s service personnel records does not reveal that he was recommended or entitled to any other awards or decorations.

CONCLUSIONS:

1. There is no evidence in the record available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded twice due to hostile action during Vietnam. Additionally, there are no orders officially awarding him two awards of the Purple Heart. Therefore, there is insufficient evidence that the applicant is entitled to the Purple Heart (First Oak Leaf Cluster).

2. The evidence of record shows that the Overseas Service Ribbon was not established until 10 April 1981, which was after his discharge. He served no period of active duty or other qualifying service for this award. Therefore, he is not entitled to this award.

3. The evidence of record shows the applicant served as a light weapons infantryman (11B) with Company D, 5th Battalion, 7th Cavalry, 1st Cavalry Division while serving in Vietnam. Therefore, he is entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

4. The evidence of record shows that the applicant was awarded the Army Commendation Medal. Therefore, he is entitled to correction of records to show this award.

5. The applicant’s unit was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show these awards.

6. In view of the foregoing findings and conclusions, 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 for the individual concerned be corrected by showing that he was awarded the Combat Infantryman Badge, the Army Commendation Medal, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.







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

BOARD VOTE:

__kk____ ___rw___ __ao____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Karol A. Kennedy____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068136
SUFFIX
RECON
DATE BOARDED	20020702
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	YYY19681115
DISCHARGE AUTHORITY	AR .635-200
DISCHARGE REASON
BOARD DECISION	DENY/GRANT
REVIEW AUTHORITY
ISSUES 1. 61
2.
3.
4.
5.
6.