PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2003085508


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley		Chairperson
Mr. Christopher J. Prosser		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.

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2. The applicant requests award of the Purple Heart.

3. The applicant states that he is entitled to award of the Purple Heart for wounds received in combat during the Vietnam War. In support of his application, he submits a letter, dated 31 July 2002, from the National Personnel Records Center; discharge orders, dated 19 June 1974, from the U.S. Army Reserve; a Casualty Report message titled "ERRONEOUS CIRCUMSTANCES ON CASUALTY REPORT," dated January 1969; a DD Form 214 (Report of Transfer or Discharge); and a letter, dated 23 January 2003, from a Member of Congress.

4. The applicant’s military records show that he was inducted on 2 July 1968. He served in military occupational specialty (MOS) 11B (light weapons infantryman) assigned to Company B, 2nd Battalion, 7th Cavalry of the 1st Air Cavalry Division in Vietnam from 2 December 1968 through 1 March 1969. On 19 June 1970, the applicant was released from active duty after serving 1 year, 11 months and 18 days of total active service.

5. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6. A Casualty Report message, dated 20 January 1969, indicates the applicant was seriously wounded on 20 January 1969 as a result of a gunshot wound to chest during a firefight.

7. The Vietnam Casualty Roster shows the applicant was seriously wounded in action on 20 January 1969.

8. 2nd Surgical Hospital (Mobile Army) General Orders Number 9, dated
26 January 1969, show the applicant received the Purple Heart for wounds received in action in January 1969.

9. A Casualty Report message, dated 27 January 1969, indicates that the circumstances on the Casualty Report message, dated 20 January 1969, were erroneous. Additional information received revealed that the applicant received a gunshot wound to his chest as a result of another individual demonstrating a quick draw with his M-16 rifle which accidentally discharged and struck the applicant in the chest.

10. There is no evidence in the applicant's service personnel records which shows that he was subsequently wounded as a result of hostile action in Vietnam.

11. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

12. The applicant's service personnel records show that he participated in two campaigns during his assignment in Vietnam.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

14. Army Regulation 600-8-22 (Military Awards) 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.

15. 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.

16. 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. 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.

17. 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. Notwithstanding the preliminary documentation and the general orders which show the applicant was wounded as a result of hostile action on 20 January 1969 in Vietnam, the concluding evidence of record shows that the applicant was actually wounded when the rifle of another soldier accidentally discharged and struck him in the chest. Therefore, the Board determined that the general orders for award of the Purple Heart should be revoked. Also, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

2. Evidence of record shows the applicant served in an infantry MOS while assigned to an infantry company in Vietnam. Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3. The Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 2 July 1968 through 19 June 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.

4. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

5. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit citation.

6. 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 the portion pertaining to the applicant on Headquarters, 2d Surgical Hospital (Mobile Army) General Orders Number 9, dated 26 January 1969, be revoked.
2. That the applicant be awarded the Good Conduct Medal for the period 2 July 1968 through 19 June 1970.

3. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Combat Infantryman Badge, the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

SK_____ CJP____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Stanley Kelley______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085508
SUFFIX
RECON
DATE BOARDED	20030911
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.