PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 31 October 2002
         DOCKET NUMBER: AR2002072925


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. Curtis L. Greenway		Chairperson
Ms. Regan K. Smith		Member
Mr. Donald P. Hupman		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 his military records be corrected to show he was awarded two Purple Hearts.

3. The applicant states that he is entitled to the Purple Heart and it should be entered on his separation document.

4. In support of his request, the applicant submits two newspaper articles from his hometown paper. One article is written by the applicant to the paper and contains no information concerning awards. The other article reports that the applicant was awarded the Purple Heart.

5. The applicant’s military records show that he entered the Regular Army on 13 October 1967. He completed training in military occupational specialty (MOS) 11B, infantryman, achieved the rank of specialist, and served until his retirement for temporary disability on 26 March 1970. His character of service was honorable. He had completed a total of 2 years, 5 months and 14 days of creditable active service. His separation documents show no lost time.

6. His DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), reflects that he was awarded the National Defense Service Medal, the Expert Badge with Rifle, the Marksman Badge M-16 with Rifle Bar, the Parachute Badge, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, the Air Medal, the Bronze Star Medal, the Army Commendation Medal with Oak Leaf Cluster and 2 Overseas Bars. The Purple Heart is not listed as an authorized award.

7. He served in Vietnam from approximately 4 June 1968 through 3 June 1969, and was assigned to Company C, 4^th Battalion, 503^rd Infantry, 173^rd Airborne Brigade.

8. The applicant's DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments) reflects that during his assignment to Company C, 4^th Battalion, 503^rd Infantry, in Vietnam, he served in MOS 11B; and item 40 (Wounds) reflects the he suffered a gunshot wound to his right thigh. An award reflected in Item 41 (Awards and Decorations), but not on his DD Form 214, is the Army Commendation Medal with "V" device.

9. In his records is Headquarters, 173^rd Airborne Brigade, General Orders 2818, which reflects that the applicant was awarded the Army Commendation Medal with "V" Device to indicate Heroism. It cites that the applicant, a grenadier, was wounded, while walking point when the unit received fire from an enemy element.


10. 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.

11. The same regulation provides that a Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In the applicant's case, he is entitled to wear four Bronze Service Stars for his participation in the Vietnam Counteroffensive Phase IV, V; and Phase VI Campaigns and the Tet Counteroffensive, 1969 Campaign.

12. The same regulation provides 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.

13. The same regulation provides that the Army Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service: for first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

14. Department of the Army Pamphlet 672-3 provides, in pertinent part, that the 4th Battalion, 503^rd Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970, by Department of the Army General Orders 51, 1971, and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation for the period 15 April 1969 through 16 March 1971 by Department of the Army General Orders 5, 1973.

15. Army Regulation 600-200, provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.




CONCLUSIONS:

1. The evidence of record indicates that the applicant is entitled to the Purple Heart by virtue of the wounds he suffered in Vietnam on 13 September 1968.
He is therefore entitled to have this award shown on his DD Form 214.

2. There applicant's records contain no evidence, nor does the applicant provide any evidence, eyewitness statements or information, which supports his contention that he is entitled to or was awarded a second Purple Heart.

3. The general order awarding him the Army Commendation Medal with "V" Device. shows he is entitled the award shown on his DD Form 214.

4. The applicant’s service was meritorious, as evidenced by his promotion to specialist, and award of the Army Commendation Medal. Since the record is also devoid of any evidence of disciplinary action taken against him, it would appear that the absence of the Army Good Conduct Medal for the period of his service from 13 October 1967 through 26 March 1970 was an oversight and he is entitled to its award and to a correction of his records to show this award.

5. The record further shows that the applicant served in an infantry MOS (11B) and was wounded while engaged in active ground combat while assigned to an infantry unit of brigade or smaller size; therefore, he is entitled to have the Combat Infantryman Badge reflected on his DD Form 214.

6. The record further shows that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, and three Bronze Service Stars to be worn on his Vietnam Service Medal.

7. 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:

a. showing that the individual concerned was awarded the Purple Heart for wounds received in Vietnam on 13 September 1968; and





b. showing he was awarded the Army Commendation Medal with "V" Device, Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, and four Bronze Service Stars to be worn on his Vietnam Service Medal, and the Combat Infantryman Badge.

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

BOARD VOTE:

___rks___ ___dph__ ___clg__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Curtis L. Greenway________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072925
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021031
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.