PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 April 2003
         DOCKET NUMBER: AR2002077743


         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Barbara J. Ellis		Member
Ms. Linda M. Barker		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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to include award of the Bronze Star, the Purple Heart, and the Air Medal. From the applicant’s request it is unclear if he is asking for the Bronze Star Medal and/or a bronze service star therefore, both will be addressed.

3. The applicant states that he did not realize that these awards were not on his DD Form 214 until a recent Department of Veterans Affairs (VA) hearing. He asks that his records be reviewed and the awards added to his DD Form 214.

4. The applicant’s military records show that he entered active duty on 30 March 1966. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11C (Mortarman). His first duty assignment was with Company B, 2nd Battalion, 5th Cavalry Regiment in Vietnam from 24 September 1966 through 16 March 1967. On 8 August 1967, he was reassigned and converted to the MOS of 73C (Pay Distribution Specialist).

5. The applicant’s record contains copies of 1st Cavalry Division General Orders Number 2429, dated 18 May 1967, awarding the applicant the Air Medal; General Orders Number 2534, dated 21 May 1967, awarding him the Army Commendation Medal; and Special Orders Number 81, awarding him the Expert Qualification Badge.

6. The applicant’s DD Form 20 (Enlisted Qualification Record), at item 40 (wounds), shows he sustained fragment wounds to his face, neck, and both upper and lower extremities bilaterally on 2 March 1967. At item 38, it shows he was a patient at the US Army Hospital, Fort Ord, California, from 17 March 1967 through 7 August 1967. Additionally, at item 29, it shows that he qualified as an expert with the M-14 rifle, .45-caliber pistol, and 81mm mortar.

7. The 8 March 1968 Report of Medical Examination (Standard Form (SF) 88), at item 74, shows the applicant had nondisqualifying residuals from the shrapnel wounds to the back and left side of his neck; right arm and forearm; right thigh; and left ankle. He was also shown to have a loss of hearing. The Report of Medical History (SF 89) documents that the applicant had four operations for wounds sustained in Vietnam.

8. The applicant was released from active duty and transferred to the US Army Reserve (USAR) on 29 March 1968. His DD Form 214 shows award of the National Defense Service Medal, the Army Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.


9. A review of the Vietnam Casualty List shows that the applicant sustained combat related wounds on 2 March 1967.

10. A review of the historical files for Company B, 2nd Battalion, 5th Cavalry Regiment, 1^st Cavalry Division in Vietnam, failed to show the applicant as being awarded the Bronze Star Medal, the Purple Heart, or the Air Medal.

11. 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, was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 2-8 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

13. Army Regulation 600-8-22, paragraph 2-13 provides, in pertinent part, for award of the Vietnam Service Medal (VSM). This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam from 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is worn to denote each campaign period served.

14. Army Regulation 600-8-22 paragraph 3-13 provides, in pertinent part, that the Bronze Star Medal is awarded for meritorious achievement or service and in time of war for heroism.

15. Army Regulation 600-8-22 paragraph 6-7 states authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal, including Counteroffensive Phase II, 1 July 1966 through 31 May 1967.

16. Army Regulation 600-8-22 paragraphs 8-6 provides for award of the CIB. This paragraph states that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit and be personally present while his unit is engaged in active ground combat, and he must actively participate in such ground combat.

CONCLUSIONS:

1. There is no evidence that the applicant was entitled to or awarded the Bronze Star Medal.

2. Inasmuch as the applicant’s record contains a copy of orders awarding him the Air Medal and the Expert Qualification Badge with Rifle, Pistol, and Mortar Bars, the Board finds that it will correct an error to include these awards on the applicant’s DD Form 214.

3. Notwithstanding the negative results of unit history review, the Board finds that the evidence of record clearly shows the applicant sustained wounds as a direct result of enemy action. Therefore, the Board concludes that it is in the interest of justice to show that the applicant is entitled to the Purple Heart.

4. The records show that the applicant satisfactorily performed infantry duties while assigned to an infantry unit and participated in ground combat. Therefore, the Board concludes that it is in the interest of justice to show that the applicant is entitled to the CIB.

5. The Board finds that the applicant served in Vietnam during one campaign period and is therefore entitled to wear a bronze service star on his VSM.

6. The evidence of record shows that during the period that he was assigned to it the applicant’s unit was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the Board concludes that it is in the interest of justice to show that the applicant is entitled to these awards.

7. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error and an injustice.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the applicant was entitled to and awarded the Purple Heart, the Air Medal, the Combat Infantryman Badge, the Vietnam Service Medal with one bronze service star, the Valorous Unit Award, Expert Qualification Badge with Rifle, Pistol, and Mortar Bars, 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:

__RJW__ __BJE___ __LMB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond J. Wagner___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077743
SUFFIX
RECON
DATE BOARDED	20030408
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0015
3.	107.0018
4.
5.
6.