PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 October 2002
         DOCKET NUMBER: AR2002074751


         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. Irene N. Wheelwright		Chairperson
Mr. Walter T. Morrison		Member
Mr. Charles Gainor		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge.

3. The applicant states that he was wounded in action against the enemy and the awards are not recorded on his DD Form 214. In support of his application, he submits a citation for award of the Army Commendation Medal; a copy of his DD Form 214; an undated letter from a platoon sergeant at the time in question; a letter, dated 17 August 1969, from the applicant to the platoon sergeant; and a letter, dated 28 May 2002, from a Member of Congress.

4. The applicant’s military records show that he was inducted on 28 May 1968. He served as an infantryman and a shot gunner in Vietnam from 5 February 1969 through 4 February 1970. The applicant was honorably released from active duty on 5 February 1970.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

6. 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.

7. His 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.

8. Evidence of record shows that on 4 February 1970 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

9. In support of his claim for award of the Purple Heart, the applicant provided a statement from the platoon sergeant at the time in question. In summary, the platoon sergeant attests that his unit was exposed to the residue of “Agent Orange” on more than one occasion and for extended periods of time. The platoon sergeant also states that he was wounded in action on 23 July 1969 and evacuated for medical treatment but that he received several letters from members of the platoon from which he learned many details of the attack. He states that the actions should have resulted in several members being awarded the Purple Heart for wounds sustained in the battle and likely other awards for bravery, including the applicant.

10. The applicant also provided a copy of a letter, dated 17 August 1969, that he wrote to the platoon sergeant describing the events of the night the platoon sergeant was wounded in action. The letter states, “The concussion knocked Dennis and I a good tumble” and “I was in the hospital with hepatitis and the cuts I got from that concussion are infected and that’s being treated.”

11. The applicant’s DA Form 20 shows that he was assigned to Company D,
1st Battalion, 27th Infantry of the 25th Infantry Division in military occupational specialty (MOS) 11B (infantry) during the period 18 February 1969 through
10 September 1969 in Vietnam.

12. 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, Detachment 1, 25th Infantry Division Augmented Provisional Adjutant General, was cited for award of the Meritorious Unit Commendation for actions during the period 16 February 1969 to 28 February 1970 by Department of the Army General Orders Number 2, dated 1971. This award is not shown on his discharge document.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973. This award is not shown on his discharge document.

14. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he served in four campaigns during his assignment in Vietnam.

15. 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.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. 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 Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

17. 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 noted the applicant’s contention that he was wounded in action against the enemy. However, the evidence of record does not support this contention.

2. There is no evidence in the applicant’s service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam.

3. The applicant signed his discharge document on 5 February 1970 attesting to the fact that he was not entitled to award of the Purple Heart.

4. The Board considered the statement of the platoon sergeant who was not an eyewitness. His argument that the applicant should have been awarded the Purple Heart for wounds sustained in the battle is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded as a result of hostile action. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

5. Evidence of record shows the applicant served in an infantry MOS while assigned to an infantry company in Vietnam. Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

6. The applicant’s unit received the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his military records to show these unit awards.

7. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.

8. 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 by showing that the individual concerned was awarded the Combat Infantryman Badge, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with four bronze service stars.

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

BOARD VOTE:

________ _INW____ _CG____ GRANT AS STATED IN RECOMMENDATION

_WTM____ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074751
SUFFIX
RECON
DATE BOARDED	20021003
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0015
3.	107.0000
4.
5.
6.