PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 March 2003
         DOCKET NUMBER: AR2002073795


         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. John N. Slone		Chairperson
Mr. Melvin H. Meyer		Member
Mr. John T. Meixell		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 correction of his military records to show that he was awarded the Purple Heart and the Combat Infantryman Badge. In addition, he requests that the military occupational specialty (MOS) on his discharge document be changed from 94B (cook) to 11B (infantryman).

3. The applicant states that his DD Form 214 does not show that he was awarded the Purple Heart or the Combat Infantryman Badge and the MOS reflected on his discharge document is wrong.

4. The applicant’s military records show that he entered the Regular Army on 30 November 1965 and was trained as an 11B, infantryman. He served in Vietnam from 9 June 1966 through 22 January 1968, while assigned to Headquarters and Headquarters Company, 1^st Brigade, 101^st Airborne Division. He was transferred to the US Army Reserve on 2 December 1968. His character of service was honorable and he had completed a total of 3 years, 0 months and 0 days of creditable active service.

5. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), signed by the applicant, reflects that he was awarded the National Defense Service Medal, the Parachute Badge, the Vietnam Campaign Medal with Device, and the Vietnam Service Medal. Neither the Purple Heart nor the Combat Infantryman Badge is listed as an authorized award. It appears that the applicant self corrected the entry in item 23a (Specialty Number & Title) to read 11B (it appears to have reflected MOS 94B, Cook). There is not another copy of the form in his records.

6. In his records are Headquarters, 101^st Airborne Division, General Orders Number 3022, dated 27 June 1968, awarding the applicant the Purple Heart for wounds received in Vietnam, on 17 April 1968. It is noted that the first letter of the applicant's name is incorrect; however, his Regular Army (RA) number and social security number also identify him.

7. The applicant’s name is listed on the Vietnam Casualty Roster under the same – incorrect name listed on the order awarding him the Purple Heart, however the applicant's RA number was used to verify the entry.

8. Item 40 (Wounds), of the applicant’s DA Form 20 (Enlisted Qualification Record), which he signed, reflects that he suffered fragment wounds to his back, both legs and both arms on 17 April 1968. The document also reflects that the applicant was assigned MOS 11B as his primary MOS on 22 April 1966 and MOS 94B as his primary MOS on 10 May 1967. Further, that while in Vietnam



he served as an infantryman from 13 June 1966 through 6 February 1967 with Headquarters and Headquarters Company, 1^st Brigade, 101^st Airborne Division. For the remainder of his tour in Vietnam from 7 February 1967 until 22 January 1968, he served as a cook. The DA Form 20 also reflected that he is entitled to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9. In his records are Headquarters, Fort Devens Special Orders Number 285 dated 29 November 1968, which reflects that the applicant's MOS was 94B.

10. Army Regulation 600-200 (Enlisted Personnel Management System) 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.

11. 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.

12. The same regulation provides that the Combat Infantryman Badge is awarded to infantry officers and enlisted personnel who have an infantry military occupational specialty. 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 US Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in military occupational specialty 11B, 11C, 11F, 11G, or 11H.

13. 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 three Bronze Service Stars to be worn on his Vietnam Service Medal for participation in the Vietnam Counteroffensive, Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III Campaigns.

14. 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 his unit, Headquarters and Headquarters Company, 1^st Brigade, 101^st Airborne



Division, was cited for award of the Presidential Unit Citation for the period 2 – 20 June 1966 per Department of the Army General Order 59, 1968, the Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 per Department of the Army General Order 1, 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July – 31 July 1966 per Department of the Army General Order 21, 1969.

CONCLUSIONS:

1. The evidence of record shows that the individual concerned is entitled to award of the Purple Heart by virtue of the wounds he suffered in Vietnam on
17 April 1968. He is therefore entitled to have the award shown on his
DD Form 214.

2. Orders present in the applicant's records and his DA Form 20 indicate that at the time of his separation his primary MOS was 94B, cook, which indicates that his DD Form 214 correctly reflected his MOS at the time of separation.

3. The record also reflects that the applicant's name was misspelled on General Orders Number 3022, which awarded him the Purple Heart. It would be proper to make a correction and issue the applicant an amended order.

4. It cannot be determined from the evidence available on the exact dates the applicant served as an infantryman or cook or if he served in an infantry MOS and engaged in active ground combat while assigned to an infantry unit. Therefore, it cannot be determined that the MOS on the applicant’s
DD Form 214 is incorrect or that he qualified for the Combat Infantryman Badge.

5. The record further shows that the applicant is entitled to three Bronze Service Stars to be worn on his Vietnam Service Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 by:

a. showing that the individual concerned was awarded the Purple Heart for wounds received in Vietnam on 17 April 1968;

b. showing he was awarded three Bronze Service Stars to be worn on his Vietnam Service Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

c. amending Headquarters, 101^st Airborne Division, General Orders Number 3022, dated 27 June 1968 to show the applicant's name as reflected on his application.

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

BOARD VOTE:

__mhm__ ___jtm___ ___jns__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________John N. Slone__________
                  CHAIRPERSON

INDEX

CASE ID	AR2002073795
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030325
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.