PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 11 JUNE 2002
         DOCKET NUMBER: AR2002068631


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Roger W. Able		Member
Mr. Harry B. Oberg		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.

---

2. The applicant requests that his record reflect award of the Purple Heart, Combat Infantryman Badge (CIB), Bronze Star Medal, two awards of the Air Medal, and the Presidential Unit Citation.

3. The applicant attaches orders showing that he received the second award of the Air Medal, but states that he does not have the certificates for award of the Bronze Star Medal, the Combat Infantryman Badge, or the Purple Heart.

4. The applicant attaches a 22 January 2002 statement from his former commanding officer, in which that person states that the applicant served as an infantryman and as his radio operator who participated in many operations with Company A, 1^st Battalion, 501^st Infantry of the 101^st Airborne Division, and that the applicant sustained a shrapnel wound to his side as a result of friendly artillery fire on or about 8 July 1969 during one of those operations. The applicant was treated by company medics and remained in the field with his company. The applicant also was exposed to heavy concentrations of Agent Orange. He states that the applicant received many awards, to include the Good Conduct Medal, the Combat Infantryman Badge, two awards of the Air Medal, the Purple Heart, and the Bronze Star Medal.

5. The applicant’s military records show that he was inducted into the Army on 18 June 1968, completed basic combat training, and in August 1968 was assigned to Fort Polk, Louisiana for advanced infantry training. On 25 September 1968 he was awarded the Expert Qualification Badge with rifle bar. He completed his training and in December 1968 was assigned to Company A, 1^st Battalion, 501^st Infantry in Vietnam as an infantryman. His DA Form 20 shows that he served with that organization as an automatic rifleman and later as a machine gunner.

6. On 20 April 1969 the applicant was promoted to pay grade E-4. On 16 June 1969 the applicant was awarded the Army Commendation Medal for meritorious achievement for the period 1 December 1968 to 30 April 1969. The applicant was awarded the second award of the Air Medal for the period 1 May 1969 to 30 September 1969.

7. The applicant completed his tour in Vietnam and in January 1970 was assigned to Fort Carson, Colorado. He participated in four campaigns during his tour in Vietnam. The 1^st Battalion, 501^st Infantry was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while he was assigned to that unit. He was released from active duty at Fort Carson on 17 June 1970. He had two years of service. His DD Form 214 does not show award of the Purple Heart, Bronze Star Medal, Combat Infantryman Badge, Army Good Conduct Medal, or the second award of the Air Medal.

8. The applicant’s report of medical examination of 28 May 1970 taken prior to his discharge shows that he was medically qualified for discharge with a physical profile serial of 1 1 1 1 1 1. In the report of medical history that he furnished for the discharge, he did not indicate that he had been wounded or that he had problems with his side. The applicant’s medical records do not make reference to a wound or that he had any medical problems with his side.

9. The applicant’s DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart. Item 40 (Wounds) of that form contains no remark.

10. Army Regulation 600-8-22 provides 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.

11. Information from the Total Army Personnel Command Awards Branch indicated that there was no record of the applicant having received an award of the Purple Heart, nor any record that he was listed as a casualty on the Vietnam casualty roster maintained by that agency.

12. Chapter 4 of the above cited regulation prescribes the eligibility criteria for award of the Army Good Conduct Medal, and states in pertinent part, that the medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. One of the qualifying periods of service for the award is upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year (for first award only).

13. That regulation also provides for award of the CIB and states in pertinent part, that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, 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.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.
15. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register provides a list of unit awards during the Vietnam War. That list does not show award of the Presidential Unit Citation to the 1^st Battalion, 501^st Infantry, or to any of its assigned units.

CONCLUSIONS:

1. Notwithstanding the applicant’s contention and the contention of his former commanding officer, there is no evidence that the applicant was wounded in action. The applicant’s medical records contain no mention of a wound, nor does the applicant’s report of medical history that he completed just prior to his release from active duty. The applicant is not listed on the Vietnam casualty roster. His records contain no orders or notation showing award of the Purple Heart or that he was wounded in action. There is insufficient evidence to grant the applicant’s request for award of the Purple Heart.

2. By the same token, the applicant’s records do not show award of the Bronze Star Medal or a recommendation for that award. There is no evidence to grant his request for award of the Bronze Star Medal.

3. The Unit Citation and Campaign Participation Credit Register does not show that the 1^st Battalion, 501^st Infantry, was awarded the Presidential Unit Citation. The applicant is not entitled to that award.

4. The applicant received two awards of the Air Medal and those awards should be reflected on his DD Form 214.

5. The applicant’s record shows that he served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal for the period 18 June 1968 through 17 June 1970.

6. The applicant was an infantryman – an automatic rifleman and a machine gunner, with an infantry company, participating in four campaigns in Vietnam
during his year long tour. It is more than highly probable that he participated in active ground combat with his unit. He is entitled to award of the Combat Infantryman Badge.

7. The applicant is entitled to award of the Vietnam Service Medal with four bronze service stars (one for each campaign), the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Expert Qualification Badge with rifle bar.

8. In view of the foregoing, the applicant’s records should be corrected as recommended below.

---

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Air Medal (2^nd award), the Army Good Conduct Medal, the Combat Infantryman Badge, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Expert Qualification Badge with rifle bar.

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

BOARD VOTE:

__FNE __ __RWA__ __RTD__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn_____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002068631
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020611
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.	46
3.
4.
5.
6.