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ARMY | BCMR | CY2002 | 2002079789C070215
Original file (2002079789C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002079789


         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. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Mr. Curtis L. Greenway Member
Ms. Mae M. Bullock 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.
as an infantry indirect fire crewman.


2. The applicant requests that he be awarded the Purple Heart.

3. The applicant states that his DD Form 214 (Report of Transfer or Discharge) does not show his award of the Purple Heart. In support of his applicant, he submits a copy of his DD Form 214 and two copies of his Veterans Benefit Awards, dated 12 August 1969 and 8 February 1979.

4. The applicant’s military records show he was inducted on 6 February 1967, as an infantry indirect fire crewman (11C). He served in Vietnam from 25 October 1967 to 11 February 1968 and was honorably discharged on 5 February 1969.

5. The applicant’s DD Form 214 shows he was awarded the National
Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal. His discharge document does not show the Purple Heart as an authorized award.

6. His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations).

7. The available records contain a copy of a telegram from The Adjutant General (TAG) of the Army which shows he was slightly wounded in Vietnam on 15 January 1968 as a result of hostile action.

8. The applicant’s name appeared on the Vietnam Casualty List for a wound received on 15 January 1968.

9. The applicant provided copies of his Veterans Benefit Award, dated 12 August 1969 and 8 February 1979, which shows dates of monetary changes in his monthly benefits.

10. There are no orders in the applicant’s personnel records which show that he was awarded the Combat Infantryman Badge. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as a rifleman in military occupational specialty (MOS) 11C with Company B, 1st Battalion, 14th Infantry, 4th Infantry Division during his service in Vietnam.








11. Army Regulation 600-8-22 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.

12. 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.

13. 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 that Company B, 1ST Battalion, 14TH Infantry, 4th Infantry Division, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

CONCLUSIONS:

1. The evidence of record shows that the applicant was slightly wounded in Vietnam on 15 January 1968 as a result of hostile action. Therefore, he is entitled to correction of his records to show the award of the Purple Heart.

2. The evidence of record shows the applicant served as a rifleman in MOS 11C with Company B, 1st Battalion, 14th Infantry, 4th Infantry Division while serving in Vietnam. Therefore, he is entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

3. The applicant’s unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show this award.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.





RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Purple Heart, the Combat Infantryman Badge, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__mm___ __cg___ ___mb__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Melvin H. Meyer___
                  CHAIRPERSON




INDEX

CASE ID AR2002079789
SUFFIX
RECON
DATE BOARDED 20030422
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19690205
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. PH/157/46
2.
3.
4.
5.
6.


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