PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 August 2003
         DOCKET NUMBER: AR2003084690


         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. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Robert L. Duecaster		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart and the Combat Infantryman Badge.

3. The applicant states that he was awarded the Purple Heart and the Combat Infantryman Badge but that neither award is reflected on his DD Form 214.

4. The applicant’s military records show that he was inducted on 27 March 1968. He completed basic and advanced individual training, where he trained in Military Occupational Specialty (MOS) 11B10 (Light Weapons Infantryman). The applicant was assigned as an infantryman in Company A, 2d Battalion, 22d Infantry, Republic of Vietnam on 3 September 1968. On 19 September 1968 he was wounded, as a result of hostile action, having received multiple fragment wounds to the left upper arm. He was evacuated from the battle area and eventually returned to the United States, where he convalesced prior to being assigned to the 10th Infantry at Fort Carson, Colorado. On 10 March 1969, the applicant was honorably released from military control by reason of void induction (the applicant did not meet the medical fitness standards at time of induction). The applicant did not conceal his medical condition (asthma) at the time of his induction; rather, he listed past problems he had encountered but was classified medically qualified for induction.

5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, the National Defense Service Medal and the Vietnam Campaign Medal. No other awards or decorations are listed.

6. The applicant’s name is listed on the Vietnam Casualty Roster. The entry shows that the applicant was wounded on 19 September 1968, by mines or other weapons, as a result of hostile action and that the wound/s, though classified not serious, were serious enough to cause the applicant to be hospitalized and medically evacuated from the theater of operations.

7. Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that the applicant received multiple fragmentation wounds to the upper left arm on 19 September 1968.

8. A Western Union telegram from the Adjutant General of the Army, dated 20 September 1968, informed the applicant’s parents that the applicant was slightly wounded in Vietnam on 19 September 1968 as a result of hostile action. It further states that he received multiple fragmentation wounds to the left upper arm while engaged in a firefight against a hostile enemy force.

9. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his period of service and there is no indication of any disciplinary action being taken against him in his service personnel records.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War. This document shows the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 1 September 1968 to 30 September 1970 by Department of the Army General Orders Number 5, dated 1973. The applicant’s unit was also cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by Department of the Army General Orders Number 51, dated 1971.

11. Headquarters, US Army Training Center, Infantry and Fort Lewis, Special Orders Number 129, dated 9 May 1968, announce award of the Expert Marksmanship Badge, with Rifle Bar, to the applicant.

12. Headquarters, US Army Training Center, Infantry and Fort Lewis, Special Orders Number 196, dated 15 July 1968, announce award of the Sharpshooter Marksmanship Badge, with Machine Gun Bar, to the applicant.

13. 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. The appendix shows that the applicant is entitled to wear one bronze service star for the Vietnam Counteroffensive, Phase V campaign.

14. 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.

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CONCLUSIONS:

1. Evidence of record shows that the applicant was wounded, as a result of hostile action, on 19 September 1968. Therefore, he is entitled to correction of his records to show award of the Purple Heart.

2. Evidence of record shows that the applicant possessed an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while the unit was engaged in active ground combat. Therefore, he is entitled to correction of his records to show award of the Combat Infantryman Badge.

3. The Board noted that the applicant did not complete one full year of qualifying service and, as such, does not meet the regulatory criteria for the first award of the Good Conduct Medal. However, the Board noted that the applicant did complete 11 months, 14 days of honorable service and that his conduct and efficiency were rated as “excellent” throughout this period. The Board also considered the applicant’s honorable service on the field of battle and injuries incurred during that service. As such, the Board determined that he is entitled to the first award of the Good Conduct Medal, as an exception to policy. Therefore, he is entitled to correction of his records to show this award.

4. General Orders show that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, he is entitled to correction of his records to show this unit award.

5. General Orders show that the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show this unit award.

6. Special Orders show that the applicant was awarded the Expert Marksmanship Badge, with Rifle Bar. Therefore, he is entitled to correction of his records to show this badge.

7. Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Badge, with Machine Gun Bar. Therefore, he is entitled to correction of his records to show this badge.

8. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in 1 campaign. As a result, the applicant is entitled to award of 1 bronze service star, to be affixed to the Vietnam Service Medal, and correction of his records to show this appurtenance.

9. 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 be corrected by showing that the individual concerned was awarded:

a. the Purple Heart for wounds received on 19 September 1968;
b. the Combat Infantryman Badge;

c. the first award of the Good Conduct Medal for the period 27 March 1968 to 10 March 1969;

d. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

e. the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

f. one bronze service star, to be affixed to the Vietnam Service Medal;

g. the Expert Marksmanship Badge, with Rifle Bar; and,

h. the Sharpshooter Marksmanship Badge, with Machine Gun Bar.


BOARD VOTE:

___rjw___ ____mjt_ ___rjd___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Raymond J. Wagner________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084690
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.