| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Ms. Deborah S. Jacobs | Member | ||
| Mr. Jose A. Martinez | Member |
2. The applicant requests that he be awarded the Purple Heart, the Bronze Star Medal (BSM), the Combat Infantryman Badge (CIB) and the Air Medal (AM) with "V" Device.
3. The applicant states, in effect, that he was recommended for the awards while in Vietnam and never received them. He goes on to state that while on emergency leave to attend his father's funeral, he was shot in the leg and body with a shotgun and was treated at Shaw Air Force Base, South Carolina, before being returned to Vietnam. He also states that he received shrapnel injuries from enemy rockets and on one occasion a live grenade bounced into his lap after the pin was pulled. In addition, in his role as a courier, he was required on numerous occasions to use weapons and grenade fire to retrieve classified documents that were blown out of the helicopter. In support of his application he submits a copy of his report of separation (DD Form 214), copies of his awards orders, pictures, and documents showing that he retired from the South Carolina Army National Guard (SCARNG) in the pay grade of E-7.
4. The applicant’s military records were unavailable for review by the Board. However, the documents submitted by the applicant shows that he enlisted in Columbia, South Carolina, on 20 May 1968, for a period of 2 years.
5. On 22 April 1969, he was transferred to Vietnam for assignment to the 164th Aviation Group, for duty as an administrative specialist. He was promoted to the pay grade of E-5 on 19 January 1970 and departed Vietnam on 4 April 1970. He was honorably released from active duty (REFRAD) at Oakland, California on 6 April 1970, as an overseas returnee. He had served 1 year, 10 months and 17 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal with one oak leaf cluster, the Air Medal and the Good Conduct Medal.
6. On 21 May 2001, he retired from the SCARNG in the pay grade of E-7, with 33 years of service.
7. A review of the Vietnam Casualty Listing fails to show that he was ever reported as a casualty.
8. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
9. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB. It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.
10. That regulation also provides that the "V" device is worn to denote participation in acts of heroism involving conflict with an armed enemy and may be worn of the BSM, the Air Medal, the Army Commendation Medal and the Joint Service Commendation Medal. The BSM is awarded to persons who while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished them selves by heroic or meritorious achievement or service, not involving aerial flight, in connection with military operations against an armed enemy.
11. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for service in Vietnam during the period the applicant was assigned. It also shows that he participated in three campaigns during his assignment in Vietnam and is entitled to be awarded three bronze service stars for wear on his already awarded VSM.
CONCLUSIONS:
1. The applicant has failed to show through the evidence submitted with his application that he was wounded/injured as a result of enemy action, that he was treated by medical personnel for such wounds/injuries and that the treatment was made a matter of record. Accordingly, in the absence of evidence to the contrary, there is no basis to award him the Purple Heart.
2. The applicant has also failed to show that he held the military occupational specialty of an infantryman or that he was assigned to an infantry unit of brigade size or smaller that engaged in combat with the enemy. Therefore, he is not entitled to be awarded the CIB.
3. He has also failed to show that he was recommended for awards of the Air Medal with "V" Device and the BSM, or that the recommendations were either lost or not acted on. Therefore, absent evidence to the contrary, the Board must presume that his records are correct in that regard.
4. However, the Board does find that he is entitled to be awarded the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already awarded VSM.
5. 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 be corrected by awarding the individual concerned the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already awarded VSM.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__dj____ __mm___ __jm ____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Melvin H. Meyer_____
CHAIRPERSON
| CASE ID | AR2002082529 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/05/15 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PARTIAL |
| REVIEW AUTHORITY | |
| ISSUES 1. 140 | 107.0094/RVNGC |
| 2. 60 | 107.0014/BSM |
| 3. 61 | 107.0015/PH |
| 4. 64 | 107.0018/AM |
| 5. 157 | 107.0111/CIB |
| 6. |
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