PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 June 2003
         DOCKET NUMBER: AR2002082725


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Karen A. Heinz		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Purple Heart.

3. The applicant states that his two awards of the Purple Heart are not shown on his DD Form 214. He contends that he was wounded in June or July 1968 in Vietnam. The applicant did not submit documents in support of his application.

4. The applicant’s military records show that he was inducted into the Army of the United States on 9 November 1967. He successfully completed basic and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). While in AIT, the applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ), for failing to go to his appointed place of duty. He served as a rifleman in Vietnam from 25 April 1968 through 24 April 1969. The applicant was honorably released from active duty on 7 November 1969 after completing 1 year, 11 months, and 29 days of creditable active service with no time lost.

5. The applicant's DD Form 214 does not show entitlement to any awards of the Purple Heart.

6. Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he sustained fragment wounds to both eyes on 19 May 1968. The Vietnam Casualty Roster shows he was wounded in action on 19 May 1968.

7. The applicant's service personnel records contain a Western Union telegram which shows he was slightly wounded in Vietnam on 19 May 1968 as a result of hostile action. The telegram states that he received metal fragment wounds to both eyes.

8. There is no evidence of record available to the Board which indicates the applicant was wounded twice as a result of hostile action.

9. A review of the applicant's service personnel records revealed that he is entitled to the Air Medal with Numeral "2", the Combat Infantryman Badge, the Vietnam Service Medal with four 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.

10. The applicant's DD Form 214 shows entitlement to one award of the Air Medal. His records contain Headquarters, 101st Airborne Division General Orders Number 1238, dated 3 February 1969, which awarded him the basic Air Medal for meritorious achievement while participating in aerial flight on 4 August 1968.

11. The applicant's service personnel records contain Headquarters, 101st Airborne Division General Orders Number 7217, dated 19 June 1969, which awarded him a second award of the Air Medal for action on 9 April 1969.

12. The applicant's DA Form 20 shows he was awarded primary MOS 11B and was assigned as a rifleman with the 2nd Battalion, 327th Infantry in Vietnam.

13. The applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars as an authorized award.

14. Item 39 (Campaigns) on the applicant's DA Form 20 shows he received campaign credit for participation in the Vietnam Counteroffensive, Phase IV Campaign and the Vietnam Counteroffensive, Phase V Campaign. Appendix B of Army Regulation 600-8-22 shows he also participated in the Vietnam Counteroffensive, Phase VI Campaign and the Tet 69 Counteroffensive Campaign during the Vietnam War.

15. The applicant's DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his service.

16. 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, at the time of the applicant's assignment to the 2nd Battalion, 327th Infantry, this unit was cited for award the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

17. Department of the Army Pamphlet 672-3 shows that the 2nd Battalion, 327th Infantry 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 48, dated 1971.

18. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

19. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

20. 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.

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 evidence of record shows the applicant was wounded on 19 May 1968 as a result of hostile action in Vietnam. The Board noted that the applicant's name is listed only one time on the Vietnam Casualty Roster.

2. Notwithstanding the applicant’s contention that he was awarded two Purple Hearts, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action on a second occasion. Therefore, the applicant is entitled to correction of his DD Form 214 to show one award of the Purple Heart.

3. The applicant's DD Form 214 shows the basic Air Medal as an authorized award. Orders show he was awarded a second award of the Air Medal for actions on 9 April 1969. Therefore, he is entitled to two awards of the Air Medal and correction of his records to show the Air Medal with Numeral "2."

4. The evidence of record shows that the applicant was awarded an infantry MOS and was assigned to an infantry unit during combat in Vietnam. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

5. The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal with two bronze service stars. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam. Therefore, he is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

6. Although the applicant received an Article 15 early in his career for a minor infraction, the Board concludes he met eligibility requirements for award of the Good Conduct Medal for the period 9 November 1967 through 7 November 1969.

7. While the applicant was assigned to the 2nd Battalion, 327th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his records will be amended to show these awards.

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 the individual concerned was awarded the Good Conduct Medal for the period 9 November 1967 through 7 November 1969 and the Purple Heart for wounds received on 19 May 1968.

2. That the applicant's DD Form 214 be corrected by showing he was awarded the Purple Heart, the Good Conduct Medal, the Air Medal with Numeral "2", the Combat Infantryman Badge, the Vietnam Service Medal with four 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.

3. That so much of the application as it relates to a second award of the Purple Heart be denied.

BOARD VOTE:

AAO____ TBR____ KAH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082725
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030605
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.