PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002077156


         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:

Mr. Raymond V. O’Connor		Chairperson
Ms. Karen A. Heinz		Member
Ms. Barbara J. Ellis		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 award of the Purple Heart and the Combat Infantryman Badge.

3. The applicant states that the Purple Heart he received is not shown on his DD Form 214. In support of his application, he submits a copy of his DD Form 214 (Report of Transfer of Discharge) and DA Form 20 (Enlisted Qualification Record).

4. The applicant’s military records show that he was inducted on 20 June 1966. He served as a light weapons infantryman in Vietnam from 6 December 1966 through 26 November 1967 and was released from active duty on 19 June 1968.

5. The applicant’s DD Form 214 does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

6. There are no orders for the Purple Heart in the applicant’s service personnel records.

7. Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he sustained a fragment wound to his chest on 8 January 1967.

8. His DA Form 20 also shows that he sustained multiple fragment wounds to both legs and his right arm on 7 September 1967.

9. The applicant’s name appears on the Vietnam Casualty Roster once for wounds received in action on 7 September 1967.

10. The applicant’s separation physical examination conducted on 31 May 1968 indicates the applicant sustained a shrapnel wound to his right thigh in 1967 in item 40 (Physician’s Summary and Elaboration of all Pertinent Data).

11. The applicant’s military records show that he was assigned to Company A, 1st Battalion, 27th Infantry of the 25th Infantry Division and Company D, 1st Battalion, 27th Infantry of the 25th Infantry Division in military occupational specialty (MOS) 11B (light weapons infantryman) during his assignment in Vietnam.

12. 25th Infantry Division General Orders Number 4385, dated 9 November 1967, show the applicant was awarded the Bronze Star Medal for meritorious service during the period November 1966 to October 1967. This award is not shown on his discharge document.

13. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

14. The applicant’s DD Form 214 shows the “VSM w/Bronze Star” [Vietnam Service Medal with Bronze Star] as an authorized award. His records show that he participated in three campaigns during his assignment in Vietnam.

15. 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 48, dated 1971. This award is not shown on his discharge document.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971. This award is not shown on his discharge document.

17. 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.

18. 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.

19. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

20. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

21. 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 entry on the applicant’s DA Form 20 which shows that he was wounded (multiple fragment wounds to both legs and his right arm) on
7 September 1967. The Board also noted that the applicant’s name appears once on the Vietnam Casualty Roster for wounds received in action on
7 September 1967 and that his separation physical examination mentions a shrapnel wound to his right thigh in 1967. Therefore, the Board determined that there is sufficient evidence on which to base an award of the Purple Heart for wounds received in action on 7 September 1967.

2. The Board also noted the entry on the applicant’s DA Form 20 which shows that he was wounded (fragment wound to his chest) on 8 January 1967. However, there is no evidence of record available to the Board to support this entry. Therefore, in the absence of orders or any other evidence which shows that the applicant was wounded on 8 January 1967, the Board determined that this entry on his DA Form 20 is not sufficient by itself as a basis for an award of the Purple Heart.

3. 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.

4. The applicant received the Bronze Star Medal on 9 November 1967. Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

5. The applicant is entitled to the first award of the Good Conduct Medal for the period 20 June 1966 through 19 June 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

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

7. The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations.

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 Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal, the first award of the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

RVO___ KAH_____ BJE_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077156
SUFFIX
RECON
DATE BOARDED	20021024
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0111
3.	107.0000
4.
5.
6.