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ARMY | BCMR | CY2002 | 2002083054C070215
Original file (2002083054C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2002083054


         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Thomas B. Redfern Chairperson
Ms. Linda D. Simmons Member
Mr. John T. Meixell 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.


2. The applicant requests, in two separate applications, that he be awarded the Purple Heart and the Combat Infantryman Badge (CIB).

3. The applicant states, in effect, that he was wounded in Vietnam in 1968 when an ammunition dump exploded and he was hit in the armpit by a piece of debris and it resulted in his getting blood poisoning in his hand. He goes on to state that he served as a perimeter guard and during the 3 months he did so, he engaged the enemy. He further states that he recently read the regulation regarding the award of the CIB and discovered it provides that aviation troops assigned to defense are eligible for award of the CIB.

4. The applicant’s military records show that he was inducted in Brooklyn, New York, on 25 May 1966. He successfully completed his training and was transferred to Fort Hood, Texas, where he remained until he was transferred with his unit to Vietnam, on 2 October 1967, for duty as an aircraft powertrain repairman.

5. He remained in Vietnam until he was returned to Oakland, California, and was honorably released from active duty on 17 May 1968. He had served 1 year, 11 months and 22 days of total active service and was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal (VSM) and the Good Conduct Medal.

6. A review of his records fails to show any indication that he was wounded or injured as a result of action against the enemy or that he was treated for any such wounds or injuries.

7. 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.

8. 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.

9. 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 Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation, the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation for the period the applicant served with the unit. In addition, he participated in three campaigns and therefore is entitled to be awarded three bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1. The Board has noted the applicant's contentions; however, he has failed to show through the evidence submitted with his applicant or the evidence of record that he was wounded/injured as result of enemy action and that he was treated for the wound/injury at the time.

2. Additionally, he has also failed to show that he qualified for award of the CIB. The Board has been unable to find any criteria for which he would be eligible for such an award.

3. However, the Board does find that he is entitled to awards of the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation, the MUC and three bronze service stars for wear on his already awarded VSM.

4. 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 RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation, the MUC 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:

__jm____ ___lds___ __tbr____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Thomas B. Redfern____
                  CHAIRPERSON




INDEX

CASE ID AR2002083054
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/05/01
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 90 107.0034/MUC
3. 140 107.0094/RVNGC
4. 141 107.0095/RVNCAHM
5. 157 107.0111/CIB
6.


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