PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 June 2002
         DOCKET NUMBER: AR2002069410


         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Roger W. Able		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 military records be corrected to show all awards and decorations to which he is entitled.

3. The applicant states, in effect, that he should have been awarded the Combat Infantryman Badge (CIB), Republic of Vietnam (RVN) Campaign Medal with
60 Device, and Purple Heart (PH) for wounds he received in the RVN in 1968. He also states that he now receives disability compensation from the Department of Veterans Affairs (VA) for the wounds he received in the RVN.

4. The applicant’s military records show that on 13 November 1967, he was inducted into the Army for a period of 2 years. He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman). The highest rank he attained while serving on active duty was specialist four/E-4 (SP4/E-4).

5. On 12 November 1969, the applicant was honorably discharged, by reason of expiration term of service, after completing 2 years of active military service. The DD Form 214, issued to and signed by him on the date of his separation shows that he earned the following awards during his tenure on active duty: National Defense Service Medal; Vietnam Service Medal; Sharpshooter Marksmanship Badge (M-14 Rifle); and Marksman Marksmanship Badge (M-16 Rifle).

6. The applicant’s Enlisted Qualification Record (DA Form 20) shows he served as a rifleman in the RVN from 6 May through 6 June 1968 and was assigned to
C Company, 1^st Battalion (Airborne), 508^th Infantry Regiment. It also shows that on 7 June 1968, he became a patient at the 106^th General Hospital and that he was later transferred to the McDonald Army Hospital, Fort Eustis, Virginia, which would confirm he was medically evacuated from the RVN.

7. The applicant’s Report of Medical Examination (SF 88), Report of Medical History (SF 89), which were prepared during his separation processing, indicate that he had received a shrapnel wound to the right foot in May 1968, while serving as a private first class/E-3, in the RVN. A Clinical Record-Consultation Sheet (SF 513), dated 3 November 1969, prepared at the Orthopedic Clinic, Fort Eustis, Virginia, also shows that he was treated for a shrapnel wound in May 1968, in the RVN.

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8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force. It also indicates that to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer, this treatment must be supported by medical treatment records, and these treatment records must have been made a matter of official record

9 Chapter 8 provides guidance that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10. Paragraph 9-19 of the awards regulation contains guidance on award of the Vietnam Campaign Medal (VCM). The Government of Vietnam awarded this medal 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 service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its 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.

11. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

12. 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 publication confirms that the applicant’s unit, 1^st Battalion, 508^th Infantry Regiment, earned the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure in the RVN.

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CONCLUSIONS:

1. By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound or injury, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury and must have been made a matter of official record.

2. The applicant’s Report of Medical Examination, Report of Medical History, and a Clinical Record-Consultation Sheet, all prepared during his separation processing, confirm that he received a shrapnel wound to his right foot as a result of enemy action and that he was treated for this wound by a medical officer. In the opinion of the Board, this satisfies the official record regulatory criteria necessary to award of the PH, and it concludes that it would be appropriate to award the applicant the PH at this time.

3. In addition, the Board concludes that because the applicant was wounded in action and as a result was medically evacuated from the RVN, he is entitled to the Republic of Vietnam Campaign Medal with 60 Device, and that it would also be appropriate to add this award to his record at this time.

4. The evidence of record shows that the applicant served as an infantryman (11B) in an infantry unit involved in an combat operations while serving in the RVN. Therefore, he is entitled to CIB and this award should also be added to his records.

5. The Board also finds that the applicant’s unit earned Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment in the RVN. Therefore, the Board concludes that it would also be appropriate to add these awards to his records at this time.

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

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RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for being wounded in action in May 1968, while serving as a private first class/E-3 in the RVN; by showing that the individual concerned earned the Combat Infantryman Badge, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with 60 Device; and by providing him a corrected separation document that includes these awards.


BOARD VOTE:

__FNE__ __RWA__ __RTD___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069410
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/06/11
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.