PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002074322


         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:

Ms. Margaret K. Patterson		Chairperson
Ms. Jennifer L. Prater		Member
Ms. Mae M. Bullock		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.

3. The applicant states that his DD Form 214 does not show that he was awarded the Purple Heart or the Combat Infantryman Badge.

4. In support of his application, he submits a copy of a certificate awarding him the Purple Heart for wounds received in action on 29 April 1971.

5. The applicant’s military records show that he was inducted into Army on 7 August 1969 and was trained as a 52B, Power Generator Equipment Operator Mechanic. He served in Vietnam assigned to the 548^th Light Maintenance Company from 22 March 1970 to 9 September 1970, and to the 2^nd Squadron, 11^th Armored Cavalry Regiment from 10 September 1970 through 17 May 1971. He was transferred to the US Army Reserve on 16 August 1971. The record also shows that he was promoted to the rank of specialist, that his character of service was honorable and that he had completed a total of 2 years, 0 months and 10 days of creditable active service.

6. 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 Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device 1960 and Expert Badge (M-14 Rifle). Neither the Purple Heart nor the Combat Infantryman Badge is listed as an authorized award.

7. The applicant’s name is listed on the Vietnam Casualty Roster reflecting that he was wounded as a result of hostile action on 29 April 1971.

8. Item 22, Military Occupational Specialties, (MOS), of his DA Form 20, Enlisted Qualification Record, does not indicate the applicant was assigned an infantryman MOS. Item 38 (Record of Assignments) reflects that he served as an 11D20, Senior Scout Observer, while assigned to the 11^th Armored Cavalry Regiment and that his conduct and efficiency was rated as Excellent. Item 40 (Wounds) contains no entry to indicate that he was wounded in action. Item 41 (Awards and Decorations) does not reflect the Purple Heart or the Combat Infantryman Badge as authorized awards.

9. 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.

10. 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, and the medical treatment must have been made a matter of official record.

11. 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.

12. 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 Winter-Spring 1970, the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive Phase VII Campaigns.

13. The same regulation provides, in pertinent part, 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 3 years, but more than 1 year. There is no evidence in the applicant's records to indicate he was ineligible for the award.

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, the 548^th Light Maintenance Company, was cited for award of the Meritorious Unit Commendation for the period 1 August 1970 through 18 March 1971 per Department of the Army General Order 43. In addition, during his assignment to the 2^nd Squadron, 11^th Armored Cavalry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 November 1970 through 18 December 1971, per Department of the Army General Order 8, 1974.





CONCLUSIONS:

1. The Vietnam Casualty Roster shows that the individual concerned is entitled to award of the Purple Heart by virtue of the wounds he suffered in Vietnam on 29 April 1971. This information is consistent with the Purple Heart Certificate he provided in support of his application. He is therefore entitled to have the award shown on his DD Form 214.

2. The applicant’s service was meritorious, as evidenced by his promotion to specialist, his conduct and efficiency ratings of Excellent, and his honorable discharge. Likewise, the record is devoid of any evidence of disciplinary action taken against him. As such, it would appear that the absence of the Army Good Conduct Medal for the period of his service from 7 August 1969 through 16 August 1971 was in error and he is entitled to the award and to have it shown on his separation document.

3. 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.

4. The record further shows that the applicant was never officially assigned an 11 series MOS that was eligible for award of the Combat Infantryman Badge. Therefore his request in this matter must be denied.

5. 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 29 April 1971; and










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

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

BOARD VOTE:

___mkp__ ___jlp___ ___mmb_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Margaret K. Patterson____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074322
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030114
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.