PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 July 2002
         DOCKET NUMBER: AR2002070663


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Mr. Stanley Kelley		Member
Mr. John P. Infante		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 that award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3. The applicant states that the Purple Heart was omitted from his DD Form 214. He also states that the award certificate for the Purple Heart incorrectly shows his middle initial. In support of his application, he submits a copy of an award certificate for the Purple Heart showing his middle initial as "Z" and a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted in the Army on 13 May 1968. He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in Vietnam from 15 October 1968 through 9 March 1969 and was retired on 15 September 1969 by reason of physical disability.

5. The applicant's DD Form 214 does not show the Purple Heart as an authorized award.

6. The applicant's service personnel records contain a Western Union telegram, dated 24 February 1969, which states that he was wounded in Vietnam on 23 February 1969 as a result of hostile action. This telegram also states that he received traumatic amputation of his left arm below the elbow and was in base camp when the area came under hostile mortar attack. These injuries are also verified in the Medical Evaluation Board and the Physical Evaluation Board proceedings in the applicant's records.

7. The applicant provided a copy of an award certificate which shows he was awarded the Purple Heart on 24 February 1969 for wounds received in action on 23 February 1969 in the Republic of Vietnam. There are no orders in the applicant's records awarding him the Purple Heart.

8. Records show the applicant's middle initial is "C" not "Z."

9. The Board noted that the applicant is entitled to award of the Combat Infantryman Badge, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10. Records show the applicant served as an infantryman in duty MOS 11B with the 4th Battalion, 3rd Infantry, 11th Brigade during combat in Vietnam.

11. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. Item 39 (Campaigns) on his DA Form 20 (Enlisted Qualification Record)

shows he received credit for participation in the Vietnam Counteroffensive, Phase V Campaign. Appendix B of Army Regulation 600-8-22 (Military Awards) also shows that he is entitled to credit for participation in the Vietnam Counteroffensive, Phase VI Campaign and the Tet 69 Counteroffensive Campaign.

12. The applicant's DA Form 20 shows he served in Vietnam from 13 October 1968 through 9 March 1969 and was evacuated prior to completing six months of service due to wounds resulting from hostile action.

13. 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, at the time of the applicant’s assignment to the 4th Battalion, 3rd Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 2, dated 1971.

14. 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.

15. 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.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

17. 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 to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Purple Heart to the applicant.

2. The applicant provided an award certificate which shows he was awarded the Purple Heart on 24 February 1969 for wounds sustained in Vietnam on 23 February 1969. Also, the applicant's records contain a copy of a Western Union telegram which shows he was injured in action on 23 February 1969.
Upon review, the Board has determined that this evidence is sufficient as a basis to correct his military records to show award of the Purple Heart.

3. Further, the Board noted that the applicant's middle initial is "C" vice "Z." Therefore, he should be issued a new award certificate for the Purple Heart correctly showing his name.

4. Evidence of record shows that the applicant was awarded an infantry MOS. The applicant’s records show that he served in an infantry duty position in an infantry unit of regimental or smaller size in combat in Vietnam. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

5. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

6. Records show the applicant was evacuated from Vietnam prior to completing six months of service due to wounds resulting from hostile action and was awarded the Vietnam Service Medal.

7. Based on paragraph 6, above, the applicant is entitled to award of the Republic of Vietnam Campaign Medal and correction of his records to show this award.

8. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this foreign unit award.

9. 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

a. by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214;

b. by showing he was awarded the Purple Heart, the Combat Infantryman Badge, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

c. by issuing him a new award certificate for the Purple Heart with his correct name and middle initial.

BOARD VOTE:

RVO_____ SK______ JPI____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070663
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020718
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19690915
DISCHARGE AUTHORITY	Title 10, USC Section 1201
DISCHARGE REASON	Permanently Retired by Reason of Physical Disability
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.