| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Thomas B. Redfern | Member |
2. The applicant requests reconsideration of his previous application to correct his military records by awarding him the Purple Heart and the Combat Infantryman Badge (CIB).
3. The applicant states that he was assigned to an infantry company in Vietnam. He was injured in June 1969 when he jumped from a helicopter while under enemy fire. He tore the ligaments in his left knee when he landed.
4. Incorporated herein by reference are military records, which were summarized, in the decisional documents prepared to reflect the Board's previous consideration of his cases (AR1998002460 and AR1999033356) on 10 February 1999 and 26 April 2000, respectively.
5. The applicant submits a statement from the Deputy, Adjutant General, of the Army Material Command to the Texas Veteran Commission. Attached to this statement are military medical records, two statements from former fellow soldiers, his DA Form 20 (Qualification Record), and a promotion order.
6. Some of the applicant’s submissions are new evidence and/or argument that require Board consideration.
7. A Clinical Record Cover Sheet, dated 25 June 1969, shows the applicant's patient data as assigned to Company B, 2/503 Infantry and his Military Occupational Specialty (MOS) as 11B2P. The diagnosis listed is "GYNECOMASTIA (R) BREST." He was transferred to a hospital in Japan.
8. A Medical Condition-Physical Profile Record, dated 11 July 1969, shows that he was listed with a defect of "Traumatic arthritis, left knee" and given a limited duty profile.
9. A Clinical Record Cover Sheet, dated 18 July 1969, shows the applicant's patient data as assigned to Company B, 2/503 Infantry and his Military Occupational Specialty (MOS) as 11B2P. The diagnoses listed are "Juvenile gynecomastis, right breast" and "Traumatic arthritis, left knee, added 27 Jun 69." There was no mention of a wound or injury as a result of enemy action. The form shows that he was in the hospital for 21 days and returned to duty with assignment limitations.
10. A letter from a former fellow soldier states that he was a squad leader in the applicant's company in Vietnam. He remembers the applicant as a member of the company when they were involved in combat operations but does not remember the specific incident when he was evacuated to the hospital. He does believe that the applicant is entitled to the CIB.
11. A letter from a former fellow soldier states that he was the company commander of the applicant while in Vietnam. He states that he remembers the applicant as a rifleman and the other former fellow soldier as a squad leader. While the applicant was assigned to his company they were involved in sustained periods of combat. He does not remember when or under what conditions the applicant was medically evacuated but does believe that the applicant deserves the CIB.
12. The applicant's DA Form 20 does not show his assignments while in Vietnam from 5 April to 12 June 1969. A 21 May 1970 special order issued by Fort Sill, Oklahoma shows that the applicant had his MOS of 11B2P withdrawn.
13. Army Regulation 672-5-1, in effect at the time, provided, in pertinent part, that the Purple Heart was 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. The applicant is not listed as a battle casualty on the Vietnam casualty list.
14. The regulation also stated that there were basically three requirements for award of the CIB. The soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat. Specific requirements stated, in effect, that an Army enlisted soldier must have an infantry or special forces specialty and satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
CONCLUSIONS:
1. There is insufficient medical evidence of record, or evidence submitted by the applicant, to show that the diagnoses of traumatic arthritis, left knee was as a result of enemy action and entitled him to an award of the Purple Heart.
2. There is now sufficient credible evidence provided by the applicant that he served in combat as an infantryman and entitled to the CIB.
3. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is awarded the Combat Infantryman Badge.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
___jl___ __ra___ ___tr___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Joann Langston_____
CHAIRPERSON
INDEX
| CASE ID | AR2002068617 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020709 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PARTIAL |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2010 | 20100027863
His DD Form 214 shows he served in Vietnam from 20 April 1970 to 16 June 1971. 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. In the absence of orders or other evidence of record showing he was injured or treated for wounds as a result of hostile action in Vietnam, the statement provided by the applicant alone is not sufficient as a basis for award of the Purple Heart.
ARMY | BCMR | CY2014 | 20140005009
The applicant states he served as an infantryman in Vietnam, lost his leg, and was awarded the Purple Heart; however, he did not receive the CIB. On 29 September 1969, he was again transferred to Vietnam for assignment to HHC, 1st Battalion, 52nd Infantry Regiment as a light weapons infantryman. The applicant was serving in an aviation unit at the time he was wounded.
ARMY | BCMR | CY2008 | 20080011479
There are no orders in the applicant's military record showing he was awarded the CIB. The applicant's records show he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart (First Oak Leaf Cluster) for wounds sustained in action against the enemy on 3 May 1968 and correcting the record to show this award; b. awarding the applicant the AGCM (First Award) for...
ARMY | BCMR | CY2004 | 20040009541C070208
The applicant’s records contain a document, dated 1 November 1968 which shows that the applicant was medevaced on or about 22 September 1968. It states, in pertinent part, that a bronze service star is authorized for each Vietnam campaign a member is credited with participating in while serving in the Vietnam. Therefore his records should be corrected to show this award.
ARMY | BCMR | CY2013 | 20130016240
Army Regulation 672-5-1 (Awards), in effect at the time, stated 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. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 15 November 1967 through 17 April 1970...
ARMY | BCMR | CY2012 | 20120007785
He submits an Army buddy statement, dated 26 September 2011, from a fellow Soldier at the time in question who attests: * He served with the applicant in Vietnam from February 1968 to February 1969 * They were in the same company and platoon for the entire year * He (fellow Soldier) received the CIB * Their company performed numerous combat assaults in Vietnam * The applicant spent well over 300 days in the field/jungle during their tour * The applicant earned the CIB within the first 4 days...
ARMY | BCMR | CY2008 | 20080014114
Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2006 | 20060012860
Throughout the day, Company A took intense fire. The applicant provided sufficient new evidence to show he was awarded the CIB. The applicant failed to provide sufficient evidence that shows he was wounded as a result of hostile action or that he was treated for these wounds.
ARMY | BCMR | CY2014 | 20140008241
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) and Purple Heart. He also provided an undated eyewitness statement and a DA Form 1577 from D____ M____, another fellow Soldier during the time in question, who attested that: * between September 1966 and September 1967, he and the applicant served with Headquarters and Headquarters Company, 3d Battalion, 8th Infantry...
ARMY | BCMR | CY2011 | 20110022571
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). There is no evidence of record and he did not provide any evidence that he served in ground combat and was awarded the CIB while serving in Vietnam. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.