PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002077141


         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Bernard P. Ingold		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, in effect, that his military records be corrected to show award of the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

3. The applicant states, in effect, that he should be awarded the PH for wounds he received while serving in the Republic of Vietnam (RVN). In support of his application, he submits witness statements from his company commander and platoon sergeant.

4. The applicant’s military records show that he was inducted into the Army for two years on 6 May 1979. He was trained in, awarded, and served in military occupational specialty 11D (Armor Intelligence Specialist). He continuously served on active duty for 11 months and 22 days until being honorably separated on 28 April 1970.

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist four/E-4
(SP4). It also confirms that he served in the RVN from 8 August 1969 to
2 January 1970, and that he was assigned to D Troop, 17^th Cavalry,
199^th Infantry Brigade, where he performed duties in MOS 11D. Block 40 (Wounds) is blank and contains no entry indicating that the applicant was wounded in action while serving on active duty. Block 41 (Awards and Decorations) shows that during his tenure on active duty he earned the following awards: National Defense Service Medal; Vietnam Service Medal; and RVN Campaign Medal with 60 Device.

6. The applicant’s Military Personnel Records Jacket (MPRJ) is void of any official orders or other documents that would suggest that he was ever recommended for or awarded the PH or the CIB. In addition, the applicant’s separation physical examination, dated 21 April 1970, contains no entries or information verifying that he ever received an injury or wound during his service in the RVN. Finally, the applicant’s name does not appear on the Department of the Army (DA) Vietnam Casualty Roster.

7. The two witness statements provided by the applicant indicate that he was medically evacuated for treatment of injuries he received as a result of the armored vehicle he occupied hitting a land mine.

8. In order to corroborate the information provided in the witness statements provided by the applicant, a member of the Board staff reviewed the Department of the Army Vietnam Casualty Roster. However, the applicant’s name was not included in this list and there is no indication that he was ever reported as a casualty or to his ever having been hospitalized or treated for a wound or injury received in action.

9. Army Regulation 600-8-22 prescribes the policy for the Army awards program. Paragraph 2-8 contains the policy for awarding the PH, and it states, in pertinent part, that the PH 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.

10. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN. Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers. It confirms that the applicant participated in the following two campaigns during his tenure in the RVN: Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970.

11. Paragraph 8-6c provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during his assignment tenure in the RVN.

CONCLUSIONS:

1. By regulation, in order to support awarding the PH, a member must have been wounded in action, must have been treated for the wound by military medical personnel, and this treatment must have been made a matter of official record. The Board carefully considered applicant’s claim of entitlement to the PH and the witness statements he provided in support of his contention. However, lacking any corroborating evidence of record, it finds the evidence provided by the applicant is not sufficient to satisfy this regulatory burden of proof. Therefore, the Board is compelled to deny the applicant’s request for the PH in the interest of all those who served in the RVN and who faced similar circumstances.

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2. There is no evidence of record that shows the applicant was awarded or recommended for the CIB. In addition, there is no evidence to show that he performed infantry duties, in an infantry MOS, while assigned with a qualifying unit; or that he was personally present and under hostile fire with a qualifying unit that was actively engaged in ground combat with the enemy. Thus, the Board concludes there is an insufficient evidentiary basis to award him the CIB.

3. However, during its review of this case, the Board did find evidence to confirm that based on his service in the RVN, the applicant is entitled to two bronze service stars for his Vietnam Service Medal, based on his campaign participation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, the Board concludes that it would be appropriate to add these awards to his record at this time.

4. 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 for the individual concerned be corrected by showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars with his Vietnam Service Medal; and providing him a corrected separation document that reflects these awards.

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

BOARD VOTE:

__RWA__ __KYF___ __BPI__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Roger W. Able__
                  CHAIRPERSON

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INDEX

CASE ID	AR200207741
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/12/12
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	Partial Relief
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0111
3.
4.
5.
6.