PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 June 2002
         DOCKET NUMBER: AR2002068633


         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
Mrs. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Richard T. Dunbar		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 in effect, that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) item 24 be corrected to show the Purple Heart, the Combat Infantryman Badge, the Vietnam Campaign Medal and that item 25 be corrected to show that he completed Non-Commissioned Officers Candidate School.

3. The applicant states no other contentions.

4. The applicant’s military records show that he was inducted into the Regular Army on 4 March 1969 for 2 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty
(MOS) 11B40 (Light Weapons Infantryman).

5. Special Orders #268, Headquarters, The Candidate Brigade, Provisional,
U. S. Army Infantry School, Fort Benning, Georgia, dated 3 November 1969, shows that the applicant was promoted to sergeant after completion of the Non-Commissioned Officers Candidate School.

6. On or about 26 February 1970, the applicant arrived in the Republic of Vietnam (RVN). He was assigned to Company A, 1^st Battalion, 46^th Infantry, 196^th Infantry Brigade, as a squad leader.

7. Western Union Telegram from the Department of the Army, Office of the Adjutant General, dated 14 May 1970, filed in the applicant’s official military personnel service record shows that he was wounded in action on 11 May 1970. He was wounded by fragments while at a night defensive position wherein a booby trap detonated. He received wounds to his face, head, and left thigh.

8. The applicant is also listed on the Vietnam Casualty Roster as being wounded in action as a result of hostile forces.

9. The applicant departed the RVN on or about 1 June 1970. The applicant’s record shows that he served in the RVN from 26 February through 1 June 1970, serving through two campaigns – Vietnam Winter- Spring 1970 from 1 November 1969 through 30 April 1970 and DA Sanctuary Counteroffensive from 1 May 1970 through 30 June 1970.

10. On 14 March 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve. He completed 2 years of creditable active duty service. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Marksman Badge (M-14 Rifle) and the Sharpshooter Badge (M-16 Rifle). It does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

11. The applicant’s DD Form 214 item 25 (Education and Training Completed) does not show that he completed the Non-Commissioned Officers Candidate School.

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. 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.

14. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. The evidence of record also shows that the applicant participated in two campaigns during his assignment in the RVN. His participation in the two campaigns entitled him to award of two bronze service stars. However, the awards of the two bronze service stars are not reflected on his DD Form 214.

15. 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. This foreign award is not shown on the applicant’s DD Form 214.

16. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company A, 1^st Battalion, 46^th Infantry, 196^th Infantry Brigade, was awarded the Republic of Vietnam Gallantry



Cross with Palm Unit Citation, for the period 31 March – 30 June 1970, based on Department of the Army General Orders #42, dated 1972. This unit award is not shown on his DD Form 214.

CONCLUSIONS:

1. The evidence of record shows that the applicant completed the Non-Commissioned Officers Candidate School based on Special Orders #268, dated 3 November 1969. Therefore, correction of the applicant’s record to show that he completed the class is appropriate.

2. The evidence of record clearly shows that the applicant was wounded and was treated for injuries received as a result of hostile action; therefore, he was entitled to award of the Purple Heart.

3. The evidence of record shows that the applicant met the regulatory criteria for award of the Combat Infantryman Badge. The applicant held an infantry MOS of 11B40 (Light Weapons Infantryman), he was assigned to an infantry unit and he engaged in active ground combat against hostile forces. Therefore, the applicant was entitled to the award of the Combat Infantryman Badge.

4. The evidence of record shows that the applicant was assigned to a unit during a period of time that the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant is entitled to correction of his DD Form 214 to show this award.

5. The evidence of record shows that the applicant served through two campaigns, entitling him to wear two bronze service stars with the Vietnam Service Medal. The evidence of record also shows that the applicant was entitled to the award of the Republic of Vietnam Campaign Medal based on his service in RVN and based on his being wounded while engaged in ground combat.

6. 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:

a. awarding the applicant the Purple Heart and the Combat Infantryman Badge;
b. amending the applicant’s DD Form 214, item 24 to show the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal and two bronze service stars to his Vietnam Service Medal; and

         c. amending the applicant’s DD Form 214, item 25 to show the Non-Commissioned Officers Candidate Course.

BOARD VOTE:

__INW__ __KAN__ __RTD___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Irene N. Wheelwright ___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068633
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/06/27
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.	107.0015
2.	107.0111
3.
4.
5.
6.