PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 17 April 2002
         DOCKET NUMBER: AR2002079736


         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. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Harry B. Oberg		Member
Mr. Ronald J. Weaver		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 he be awarded the Purple Heart and the Combat Infantryman Badge (CIB).

3. He states that he never noticed the error until the Department of Veterans Affairs (VA) Board of Veterans Appeals (BVA) noted it in its 27 August 2002 decision. He submits a copy of that document to substantiate his case.

4. The applicant's military records show he was inducted and entered active duty on 8 April 1968. Following training as an infantryman and award of an 11B military occupational specialty (MOS) he reported, on 25 September 1968, for duty in Vietnam with C Company, 2^nd Battalion, 8^th Infantry, 4^th Infantry Division. He was hospitalized at the 106^th General Hospital on 8 November 1968 and did not return to the unit. On 13 December 1968, the applicant was returned to the United States for further treatment. There are no available service medical records. On the report of his 22 January 1970 separation medical examination, the examining physician noted an abdominal shrapnel wound and a scar on the right lower quadrant, but there are no other details.

5. On 7 April 1970, he was separated with an honorable characterization of service and transferred to the Army Reserve in pay grade E-4. There is no discreditable information of record and his conduct and efficiency marks were excellent throughout his period of service.

6. His DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam (RVN) Campaign Medal with "1960-" device and the Sharpshooter Qualification Badge with Rifle Bar. Block 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and Block 41 (Awards and Decorations) does not list either the Purple Heart or the CIB.

7. Army Regulation 600-8-22 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.

8. Army Regulation 600-8-22, paragraph 8-6, provides for award of the CIB. That paragraph states that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry

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duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989. Retroactive awards for special forces personnel are not authorized. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

9. Army Regulation 600-8-22 also 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. A record of punishment is not automatically disqualifying. At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond. At that time, non-favorable consideration was normally noted on the DA Form 20.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the 2^nd Battalion, 8^th Infantry was awarded the RVN Gallantry Cross with Palm Unit Citation for the period of October 1966 through 28 July 1969 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period of October 1966 through 31 October 1969.

11. On 7 May 1970, a VA adjudication officer in Philadelphia, Pennsylvania, requested the applicant's service medical records. He indicated that records showing treatment for a wound to the right lower quadrant were sought for an original VA disability determination. An endorsement to the request indicates that only dental records were available.

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12. The 27 August 2002 decision of the BVA, which the applicant submitted to substantiate his requests, notes the following about his original (1970) disability case: "in this regard, the record shows that the veteran served as a rifleman in an Infantry battalion in Vietnam in 1968, and although there is no evidence showing he was awarded a Combat Infantryman's Badge or a Purple Heart, he is service connected for a shell fragment wound of the abdomen. As to this wound, the service medical records currently associated with the claims file include those reflecting treatment for a ‘shrapnel wound’ in Vietnam, but do not include a description of the circumstances surrounding how this wound was sustained."

13. During the processing of this case, a search was made of the unit records at the National Achieves at College Park, Maryland. That search failed to produce any evidence to substantiate the applicant's claim.

CONCLUSIONS:

1. Although he clearly received treatment for a fragment wound there is, unfortunately, no corroborating available evidence to show the origin or circumstances surrounding the applicant's fragment wound. Absent such evidence, award of the Purple Heart is not appropriate.

2. Similarly, there is no indication that he was recommended for or awarded the CIB. Although he held an infantry MOS and was assigned to an infantry company in a combat zone, there is no evidence that he was, in fact, present while the unit was actively engaged in ground combat with the enemy. In the absence of such evidence, award of the CIB would be inappropriate.

3. The applicant distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. It is unjust that the Good Conduct Medal has not been awarded. It should be awarded and shown on his DD Form 214.

4. His Vietnam unit was authorized the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. The absence of these awards on his DD Form 214 is a correctible error.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards currently shown on his DD Form 214, the individual concerned was awarded the Good Conduct Medal and is authorized the RVN Gallantry Cross with Palm Unit Citation and the RVN 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:

__WTM__ __HBO__ __RJW _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079736
SUFFIX
RECON
DATE BOARDED	20030417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PART
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.