MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 November 2002
         DOCKET NUMBER: AR2002073851

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Mr. Thomas Lanyi		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
advisory opinion, if any)

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APPLICANT REQUESTS: That his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, be corrected to reflect his Purple Heart and his Combat Infantryman Badge (CIB).

APPLICANT STATES: The applicant makes no statement but provides two supporting statements from fellow platoon members as supporting evidence.

Thomas B___ states that he and the applicant were both members of the Reconnaissance Platoon of the 1st Battalion, 327th Infantry (Airborne), 1st Brigade, 101st Airborne Division in Vietnam. The applicant was a rifleman machine gunner and M-79 grenade man. He was present when the applicant was wounded by an explosion around February or March 1967. While they were in a firefight one of their men tripped a booby trap. The booby trap blew off that soldier's foot, killed another, and wounded two others, including the applicant.

William C___ states that he and the applicant were assigned to the Reconnaissance Platoon of Headquarters and Headquarters Company (HHC), 1st Battalion, 327th Infantry, 1st Brigade, 101st Airborne Division. They served in military occupational specialty (MOS) 11F2P, which was operations and intelligence specialist, airborne infantry. He and the applicant were on an operation in the area of Song Mao. They made contact with the enemy and were in a firefight. The area was heavily mined and one of their team members stepped on a mine, blowing off his foot. Several others were wounded, including the applicant. They were in almost continuous contact with the enemy during that time and, from May to September 1967, in almost daily contact.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Regular Army on 29 January 1965. He completed basic combat training and advanced individual training and was awarded MOS 54A (Chemical Operations Apprentice). He completed basic airborne training.

The applicant arrived in Vietnam on or about 19 September 1966. His Enlisted Qualification Record, DA Form 20, item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Detachment, Support Battalion, 1st Brigade, 101st Airborne Division and performed duties as a 64A1P, light vehicle driver.

The applicant's DA Form 20, item 38 shows he was reassigned to HHC, 1st Battalion (Airborne), 327th Infantry on 24 January 1966 (sic, presumably meant to read "1967") and performed duties as an 11B1P, rifleman.

A review of the historical files of HHC, 1st Battalion (Airborne), 327th Infantry, 101st Airborne Division at the National Archives in College Park, MD failed to identify the applicant as being entitled to the Purple Heart. An After Action Report dated 30 March 1967 for Operation FARRAGUT III, IV, and V indicates the operation took place in Phan Rang, Phan Thiet, and Song Mao from 27 January through 22 March 1967. HHC, 1st Battalion (Airborne), 327th Infantry took part in the operation. The entry for 18 February 1967 indicates that a little after 5:00 p.m. a booby trap consisting of a Chinese Communist grenade with a vine for a trip wire was detonated resulting in two U. S. wounded in action. Later that day, two more booby traps were detonated resulting in one U. S. killed in action and three U. S. wounded in action.

The applicant departed Vietnam on 24 August 1967 after receiving participation credit for two campaigns. His DA Form 20, item 40 (Wounds) does not show that he was wounded in action. Item 48 shows he audited his DA Form 20 on 4 October 1967 when he arrived at his next assignment.

The applicant is not listed on the Republic of Vietnam Casualty Roster.

The applicant completed a separation physical on 8 January 1968. The examining physician annotated his Report of Medical History, SF 89, "frag wounds chest & leg, 1966 (sic) no sequelae." His Report of Medial Examination, SF 88, indicated that he had a scar on his chest.

The applicant was released from active duty on 26 January 1968. His DD Form 214 shows that he was awarded the Parachute Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

Army Regulation 600-8-22, Military Awards, 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 by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 provides for the award of the CIB to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. The infantry MOS does not necessarily have to be the soldier's primary specialty, as long as the soldier has been properly trained in infantry tactics, possesses the appropriate skill code, and is serving in that specialty when engaged in active ground combat. The Awards Branch, U. S. 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 MOSs 11B, 11C, 11F, 11G, or 11H.

Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register shows that the Support Battalion (Airborne) Provisional, 101st Airborne Division was awarded the Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 on Department of the Army General Orders 1 dated 1969 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 December 1966 through 28 January 1967 on Department of the Army General Orders 21 dated 1969.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant's service medical records are not available. His separation physical contained an annotation that he had suffered fragmentation wounds to the chest and leg, but in 1966, not in 1967. There is insufficient evidence to link this entry to the injuries that he alleges he received in March 1967. Absent his service medical records, there is insufficient evidence to show the fragmentation wounds that occurred in 1966 were the result of hostile action. Therefore, there is insufficient evidence to show he is entitled to award of the Purple Heart.

2. The Board notes that the applicant's DA Form 20 shows he performed 11B duties as a rifleman throughout his assignment with HHC, 1st Battalion, 327th Infantry and that one of his supporting statements indicated he performed duties as an 11F during that assignment. However, he provides no evidence from his chain of command that it was their intention that he be awarded an infantry MOS.

3. Since the evidence of record shows the applicant did not hold an infantry MOS and there is no evidence to show it was his command's intention to award him an infantry MOS, even though he may have participated in combat operations as an infantryman he did not meet the eligibility criteria for award of the CIB.

4. The evidence of record shows that the applicant is eligible to wear two bronze service stars on the Vietnam Service Medal and his DD Form 214 should be amended accordingly.

5. The evidence of record shows the applicant was assigned to a unit during a period of time that unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 should be amended to add these unit awards.

6. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Board requests the Army Review Board Agency's Support Division
amend the applicant's DD Form 214 to show he was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear two bronze service stars on the Vietnam Service Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__FNE__ _ _LE __ __ TL __ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002073851
SUFFIX
RECON
DATE BOARDED	2002/11/21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	197.0015
3.
4.
5.
6.