PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 April 2003
         DOCKET NUMBER: AR2003083624


         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Ms. Marla J. N. Troup		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 that the Purple Heart, the Combat Infantryman Badge, and the Parachutist Badge ("Jump Wings") be added to his DD Form 214 (Report of Separation from Active Duty).

3. The applicant makes no additional statement. He provides his Army Discharge Review Board (ADRB) packet as supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 22 September 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). He was assigned to the 82d Administrative Company, Fort Bragg, NC after departing Headquarters and Headquarters Company, 4th Student Battalion (Airborne), The Student Brigade, U. S. Army Infantry School on or about 9 April 1967. These orders show his MOS as 11C1P (skill qualification identifier "P" indicating he was airborne qualified).

5. The applicant departed absent without leave (AWOL) from 27 November until on or about 11 December 1967.

6. The applicant was assigned to Vietnam on or about 13 December 1967.

7. The applicant was convicted by summary court-martial of being AWOL from 27 November until on or about 11 December 1967. He was sentenced to perform hard labor (without confinement) for 45 days, to forfeit $60.00, and to be reduced to E-1.

8. Headquarters, 101st Airborne Division awarded the applicant the Combat Infantryman Badge on Special Orders 71, dated 11 March 1968.

9. On 10 May 1968, the applicant was convicted by special court-martial for possession of 51.2 grams, more or less, of marijuana and sentenced to confinement at hard labor for 6 months, to forfeit $68.00 pay for 6 months, and to be reduced to E-1.

10. On 1 October 1968, the applicant was medically evacuated from Vietnam (noted in the ADRB proceedings as after sustaining a broken leg as a result of friendly fire).

11. The applicant is not listed on the Republic of Vietnam Casualty Roster. His service medical records are not available.

12. The applicant departed absent without leave (AWOL) on 31 December 1968. He returned to military control on 7 October 1969. Upon his return from AWOL, the applicant requested discharge under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial. His counsel provided a statement summarizing what he discussed with the applicant. In his statement, counsel noted that the applicant's "medical records at Dispensary D, Fort Carson shows at least one Purple Heart." Counsel recommended the applicant receive a general discharge based upon his service in Vietnam.

13. The applicant's temporary chain of command recommended the applicant receive a general discharge. However, the approval authority noted the applicant's total record of service and directed the applicant receive an undesirable discharge.

14. On 26 November 1969, the applicant was discharged, under the provisions of Army Regulation 635-200, chapter 10, with an undesirable discharge under other than honorable conditions. He separated on temporary records. His DD Form 214 showed he had been awarded the National Defense Service Medal and no other awards.

15. In 1978, the ADRB upgraded the applicant's discharge to general under honorable conditions. It was noted in the case report that, on one occasion, the applicant received shrapnel wounds when rescuing a comrade. It cannot be determined if the ADRB had this information from written records or as testimony from the applicant during a personal appearance hearing. The applicant was reissued a DD From 214, which also listed only the National Defense Service Medal as an authorized award.

16. Army Regulation 600-8-22 (Military Awards) states 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 by a medical officer, and the medical treatment must have been made a matter of official record.

17. Army Regulation 600-8-22 states that the Parachutist Badge is awarded to an individual who has satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School.

18. Army Regulation 600-8-22 provides for award of the Vietnam Service Medal to all members of the Armed Forces of the United States who served for 1 or more days in Vietnam.

19. Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with device 1960 to personnel who served in the Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March 1973, inclusive.

20. Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1. The evidence of record shows the applicant was awarded the Combat Infantryman Badge. This award should be added to his DD Form 214.

2. There appears to be sufficient evidence of record to show the applicant completed basic airborne training and thus met the eligibility criteria for award of the Parachutist Badge. This award should be added to his DD Form 214.

3. There is insufficient evidence of record to show the applicant was awarded the Purple Heart. Although counsel's statement with the applicant's request for discharge indicated that, "medical records at Dispensary D, Fort Carson shows at least one Purple Heart," these medical records are not available. The validity of the information in those medical records cannot be determined.

4. The applicant met the eligibility criteria for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with device 1960. He separated on temporary records and these awards are not, but should be, reflected on his DD Form 214.

5. The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award should be added to his DD Form 214.

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

RECOMMENDATION:

That the applicant's DD Form 214 be amended to add the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device 1960, the Parachutist Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__fne___ __le____ _mjnt___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  __Fred N. Eichorn_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003083624
SUFFIX
RECON
DATE BOARDED	20030410
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	110.04
2.
3.
4.
5.
6.