PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 September 2002
         DOCKET NUMBER: AR2002073599


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Kenneth W. Lapin		Member
Mr. Donald P. Hupman, 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.

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2. The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and the Purple Heart.

3. The applicant states that although his military occupational specialty (MOS) was artillery, he served as a reconnaissance sergeant and a radio telephone operator with both the 4^th Infantry Division and the 198^th Infantry Brigade. He goes on to state that while he did not have an infantry MOS, he was in the jungle with the infantry in Pleiku and Chu Lai. He also states that he was wounded in Vietnam when a Vietnamese artillery round hit him in the back as it came through his bunker wall. It burned his side and sprung his ribs inward. It then landed on another soldier’s lap and took off both legs and collapsed the bunker. Accordingly, he should have been awarded the Purple Heart for his injuries.

4. The applicant’s military records show that he was inducted in Syracuse, New York, on 12 September 1966.. He successfully completed his training and was transferred to Fort Hood, Texas, for duty as a cannoneer. He remained at Fort Hood until he was transferred to Vietnam on 11 August 1967. He was initially assigned to the A Battery, 6^th Battalion, 29^th Artillery , 4^th Infantry Division as a cannoneer. On 15 October 1967, he was promoted to the pay grade of E-5 and was transferred to B Battery of the same battalion for duty as a chart operator.

5. On 19 April 1968, he was transferred to B Battery, 1^st Battalion, 14^th Artillery, 198^th Infantry Brigade for duty as a chart operator. His records show that on 1 June 1968, he suffered contusions to his left side. On 19 June 1968, he was assigned new duties as an ammo handler in the same unit.

6. He departed Vietnam on 6 August 1968 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty on 9 August 1968, as an overseas returnee. He had served 1 year, 10 months and 28 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the Army Commendation Medal (ARCOM) with “V” Device. His records show he had excellent conduct and efficiency ratings throughout his service and is void of any derogatory or disciplinary action being taken against him.

7. A review of the Vietnam Casualty Register confirms that the applicant was reported as a casualty on 1 June 1968. However, there is no evidence to show that he was ever awarded the Purple Heart for his injuries.

8. The ARCOM with “V” Device was awarded to the applicant for heroism in connection with military operation against an armed enemy during the period of 26 to 29 January 1968. The citation indicates that the applicant was assigned to an artillery battery and attached to a South Vietnamese Army Ranger battalion as a reconnaissance sergeant. He displayed unwavering actions while directing supporting artillery fire and at the same time exposing himself to direct enemy artillery fire.

9. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB. It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.

10. However, Military Assistance Command – Vietnam (MACV) Directive 672-1 which supplemented United States Army Republic of Vietnam (USARV) Regulation 672-1 provided, in pertinent part, that the CIB was authorized for advisors serving as radio/telephone operators to infantry or infantry type units actively participating or engaged in infantry operations.

11. Army Regulation 600-8-22 also provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

12. Army Regulation 600-8-22 outlines the criteria for award of the Good Conduct Medal (GCMDL). It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL. Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his units were awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation, the Presidential Unit Citation (PUC) and the Meritorious Unit Commendation (MUC) for the period he served with the units. Additionally, he participated in four campaigns during his assignment to Vietnam.

CONCLUSIONS:

1. Although the applicable regulation provides that the CIB is only awarded to personnel who possess an infantry military occupational specialty who are assigned to an infantry unit that engages in ground combat against an enemy; there were exceptions made through a published supplement which clearly indicates that radio operators who served as advisors in infantry or infantry type units were authorized an award of the CIB. However, it did not provide such an exception for reconnaissance sergeants. While the Board can determine that he served as a reconnaissance sergeant, there is no evidence to show that he served as a radio operator to the extent that he would qualify for award of the CIB. Accordingly, absence evidence to show otherwise, there is no basis to award him the CIB.

2. However, the evidence of record clearly shows that he suffered injuries as a result of enemy action on 1 June 1968 and was properly reported as a casualty. Accordingly, he is entitled to be awarded the Purple Heart for his injuries.

3. Although the awards of the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the PUC and the MUC were approved subsequent to his departure, he was and is authorized to receive those awards and to have them entered on his records.

4. The Board also notes that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL. Therefore, it would be in the interest of justice to award him the GCMDL for the period of 12 September 1966 to 9 August 1968.

5. Additionally, the applicant participated in four campaigns during his assignment to Vietnam and is entitled to be awarded four bronze service stars for wear on his already awarded VSM.

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 awarding the individual concerned the Purple Heart for injuries received in action against an armed enemy on 1 June 1968, while serving as a specialist four.

         b. by awarding him the GCMDL for the period of 12 September 1966 through 9 August 1968; and

         c. by awarding him the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the PUC, the MUC and four bronze service stars for wear on his already awarded VSM.

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

BOARD VOTE:

__kwl ___ __dh____ __ao____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073599
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/09/24
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61	107.0015/PH
2. 157	107.0111/CIB
3. 102	107.0056/GCMDL
4. 80	107.0034/MUC
5. 77	107.0031/PUC
6. 140	107.0094/RVNGCw/p