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ARMY | BCMR | CY2002 | 2002071605C070402
Original file (2002071605C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 06 JUNE 2002
         DOCKET NUMBER: AR2002071605


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. John T. Meixell Member
Mr. Thomas E. O’Shaughnessy, Jr. 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 records be corrected to reflect award of the Purple Heart. He states that he sustained a shell fragment wound to his head and shoulders while in Vietnam which is confirmed in a VA document issued in 2001. He also states that he should be awarded the Combat Infantryman Badge because of his service in Vietnam as a "gunner." The applicant also states that his marksmanship badges were omitted from his separation document. In support of his request he submits only the 2001 VA document reflecting the shell fragment wound.

3. Records available to the Board indicate the applicant entered active duty on
14 March 1967. He was awarded an infantry specialty (11B) and completed basic airborne training in August 1968.

4. In December 1967, while a member of C Company, 1st Battalion (Airborne), 506th Infantry, the applicant was transferred to Vietnam as part of a unit move. His DA Form 20 (enlisted qualification record) indicates he performed duties as an airborne rifleman (11B2P) with the unit while in Vietnam.

5. On 8 May 1968 the applicant was wounded as a result of hostile action and awarded the Purple Heart. Orders issued by the 101st Airborne Division in September 1968 confirmed the award.

6. The applicant departed Vietnam in November 1968 after participating in four designated campaign periods (Vietnam Counteroffensive-Phase III, Tet Counteroffensive, Vietnam Counteroffensive-Phase IV, Vietnam Counteroffensive-Phase V).

7. The applicant was assigned to Fort Ord, California upon his return from Vietnam and in January 1969 his military personnel file was reconstructed. Documents in the reconstructed file indicate that the applicant's original file was lost enroute to his assignment at Fort Ord.

8. The applicant was released from active duty on 13 March 1970. His separation document does not reflect entitlement to the Purple Heart but does reflect entitlement to the National Defense Service Medal, Vietnam Service Medal and Vietnam Campaign Medal. His separation document indicates that he was airborne qualified at the time of his separation (item 23a - 11B4P).

9. There are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

10. Army Regulation 600-8-22 states that to be eligible for award of the basic Parachutist Badge, an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School.

11. Army Regulation 600-8-22 also provides, in pertinent part, that weapon qualification badges are awarded to indicate the qualification last attained with the respective weapon. The applicant's file does not contain any evidence that he was awarded any weapon qualification badges.

12. By virtue of the applicant's service in Vietnam he is entitled to four bronze service stars (denoting participation in four designated campaign periods) on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, a Valorous Unit Award and a Meritorious Unit Commendation.

CONCLUSIONS:

1. The evidence confirms the applicant was awarded the Purple Heart and his records should be corrected accordingly.

2. The evidence also confirms that the applicant completed airborne training, performed duties as an airborne rifleman while in Vietnam, and retained his airborne qualification status until he was released from active duty. As such the Board concludes that the applicant is entitled to an award of the Parachutist Badge and his record should be corrected accordingly.

3. The Board also notes that the applicant met the qualifications for award of the Combat Infantryman Badge and his records should be corrected to reflect that badge.

4. Unfortunately, there is no evidence, and the applicant has not provided any, which confirms that he was entitled to any marksmanship qualification badges and as such there is no basis for the Board to award any of those badges.

5. The Board also concludes that by virtue of the applicant's service in Vietnam he is entitled to four bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, a Valorous Unit Award and a Meritorious Unit Commendation.

6. 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:

a. by showing that the individual concerned was awarded the Purple Heart;

b. by awarding him the Combat Infantryman Badge and a Parachutist Badge; and

c. by showing that he is entitled to four bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, a Valorous Unit Award and a Meritorious Unit Commendation.

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

BOARD VOTE:

__SK ___ __JTM __ __TEO __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Stanley Kelley_______
                  CHAIRPERSON




INDEX

CASE ID AR2002071605
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020606
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.
3.
4.
5.
6.


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