PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002073135


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Melvin H. Meyer		Member
Mr. James E. Anderholm		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, award of the Purple Heart and award of the Bronze Star Medal based on award of the Combat Infantryman Badge that he earned during the Vietnam War. He also requests that his blood group and Social Security Number be corrected on his DD Form 214 with an effective date of 27 January 1970. He further requests that the Combat Infantryman Badge be shown on his retirement DD Form 214 with an effective date of 11 January 1978.

3. The applicant states, in effect, that during his tour in Vietnam he developed problems with his ears. He contends that, since he was infantry, he feels his problems with his ears was combat related and that he should have received the Purple Heart. In a letter to a Member of Congress, the applicant contends that he is entitled to a Bronze Star Medal based on award of the Combat Infantryman Badge that he earned during the Vietnam War. The applicant also contends that his blood group is "A-", not "A"; that the second and third digits of his Social Security Number are "66", not "99"; and that the Combat Infantryman Badge is not shown on his retirement DD Form 214. In support of his application, he submits a letter of explanation, dated 10 April 2002; a copy of his DD Form 214 with an effective date of 27 January 1970; a DD Form 214 with an effective date of 11 January 1978; a letter, dated 13 May 2002, from a Member of Congress; and a letter, dated 10 April 2002.

4. The applicant’s military records show that he enlisted on 19 January 1968 for a period of 3 years. He served as an infantryman in Vietnam from 2 April 1969 through 25 October 1969 and was honorably released on 27 January 1970 for immediate reenlistment. The applicant reenlisted on 28 January 1970 and remained on active duty through continuous reenlistments until he was placed on the Temporary Disability Retired List (TDRL) effective 11 January 1978. The applicant was removed from the TDRL on 31 December 1979 and discharged from the service because of permanent physical disability (10 percent).

5. The applicant’s DD Form 214 (Report of Transfer or Discharge) with an effective date of 27 January 1970 covered all of his service in Vietnam and does not show the Purple Heart or the Bronze Star Medal as authorized awards.

6. Item 30 (Remarks) on the applicant’s DD Form 214 with an effective date of 27 January 1970 shows the entry, "BLOOD GROUP A."

7. Item 3 (Social Security Number) on the applicant’s DD Form 214 with an effective date of 27 January 1970 shows the second and third digits as, "99."

8. The applicant’s retirement DD Form 214 with an effective date of 11 January 1978 does not show the Combat Infantryman Badge as an authorized award.



9. There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

10. The applicant’s DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.

11. Evidence of record shows that on 16 November 1977 the applicant underwent a physical examination for his Medical Evaluation Board. This medical report makes no mention of any wounds sustained as a result of hostile action.

12. The applicant’s records contain a Clinical Abstract, dated 17 October 1977, which indicates that he was evacuated from Vietnam to Japan and subsequently to Fort Gordon, Georgia, for treatment of hearing loss related to perforated eardrums. This record also states that the applicant was treated for malaria in Vietnam and that he has a permanent hearing loss related to perforated eardrums and multiple ear infections. There is no evidence the applicant’s hearing loss was the result of hostile action in Vietnam.

13. There are no orders for the Bronze Star Medal in the available records. There is no evidence in the available records which shows that the applicant was recommended for or received the Bronze Star Medal.

14. The applicant’s DD Form 214 with an effective date of 27 January 1970 does show the Combat Infantryman Badge as an authorized award.

15. The applicant’s Standard Form 601 (Immunization Record) shows his blood group as "A-."

16. The applicant’s DD Form 4 (Enlistment Contract) shows the second and third digits of his Social Security Number as "66."

17. 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 the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 10-21 May 1969 by Department of the Army General Orders Number 16, dated 1972. This award is not shown on his discharge document.

18. The applicant’s DD Forms 214 with effective dates of 27 January 1970 and
11 January 1978 show the Vietnam Service Medal as an authorized award. His records show that he served in two campaigns during his assignment in Vietnam.

19. 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.

20. Army Regulation 600-8-22 (Military Awards) also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. This provision did not go into effect until
10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

21. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time, directs, in pertinent part, that the blood group from the Immunization Record (Standard Form 601) or Enlisted Qualification Record (DA Form 20) will be entered in item number 30 (Remarks) on the DD Form 214.

22. Army Regulation 635-5, in effect at the time, states in pertinent part, that item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 will show all decorations awarded during the soldier’s entire Army service.

23. 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.

CONCLUSIONS:

1. The Board considered the applicant’s contentions that he developed problems with his ears during his tour in Vietnam, that since he was infantry he feels his problems with his ears was combat related and that he should have received the Purple Heart. However, medical evidence of record shows that his permanent hearing loss is related to perforated eardrums and multiple ear infections, not as a result of hostile action in Vietnam.

2. There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

3. Evidence of record shows that the applicant received the Combat Infantryman Badge during the Vietnam War.

4. The governing regulation states that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medal Badge for service during World War II.

5. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or received the Bronze Star Medal.
Therefore, the Board determined that there is no evidence on which to award the Bronze Star Medal in this case.

6. The applicant’s immunization record shows his blood group as "A-." The applicant’s blood group is incorrectly shown on his DD Form 214 with an effective date of 27 January 1970. Therefore, it would be appropriate at this time to correct his blood group to show "A-" instead of "A."

7. The applicant’s enlistment contract shows the second and third digits of his Social Security Number as "99." The applicant’s second and third digits are incorrectly shown on his DD Form 214 with an effective date of 27 January 1970. Therefore, it would be appropriate at this time to correct the second and third digits of his Social Security Number to show "66" instead of "99."

8. The applicant’s retirement DD Form 214 with an effective date of
11 January 1978 does not show the Combat Infantryman Badge as an authorized award. In accordance with the governing regulation in effect at the time, the applicant is entitled to correction of his retirement DD Form 214 to show all decorations authorized during his entire Army service. Therefore, his retirement DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

9. The applicant’s unit received the Presidential Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 27 January 1970 to show this unit citation.

10. The applicant’s DD Forms 214 with effective dates of 27 January 1970 and
11 January 1978 show the Vietnam Service Medal as an authorized award.



However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two 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 two bronze service stars.

11. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entry, "BLOOD GROUP "A" in item 30 (Remarks) on the DD Form 214 with an effective date of 27 January 1970 of the individual concerned;

         b. by adding the entry, "BLOOD GROUP "A-" in item 30 on this DD Form 214;

         c. by deleting the second and third digits, "99" in item 3 (Social Security Number) on the DD Form 214 with an effective date of 27 January 1970;

         d. by adding the second and third digits, "66" in item 3 on this DD Form 214;

         e. by adding the entries, "Combat Infantryman Badge", "Presidential Unit Citation" and "Vietnam Service Medal with two bronze service stars" in item
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of
11 January 1978 of the individual concerned;    

         f. by deleting the entries, "Vietnam Service Medal" in item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of
27 January 1970 and in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 11 January 1978 of the individual concerned; and

         g. by adding the entries, "Presidential Unit Citation" and "Vietnam Service Medal with two bronze service stars" in item 24 on this DD Form 214 with an effective date of 27 January 1970.


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

BOARD VOTE:

JLP____ MHM____ JEA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Jennifer L. Prater______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073135
SUFFIX
RECON
DATE BOARDED	20021008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	100.0900
3.
4.
5.
6.