PROCEEDINGS


         IN THE CASE OF: .
        

         BOARD DATE: 12 August 2003
         DOCKET NUMBER: AR2003087345

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Ted S. Kanamine		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones		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, in effect, that he be awarded the Purple Heart (PH) and Combat Infantryman Badge (CIB).

3. The applicant states, in effect, that his separation document (DD Form 214) does not include the PH that he received for being wounded in action on
23 November 1967, while serving in the Republic of Vietnam (RVN), or the
CIB he was entitled to based on his service with an infantry unit.

4. The applicant’s military records show that he was inducted into the Army on
9 March 1966, and he was trained in and awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic). It also confirms that he was promoted to the rank of specialist four (SP4) on 28 February 1967, and that this was the highest rank he held while serving on active duty.

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 31 May through 29 November 1967. During his tour in the RVN, he served with Headquarters and Headquarters Company (HHC)
2^nd Battalion, 503^rd Infantry Regiment, performing duties in MOS 63B as a Wheel Vehicle Mechanic. Item 40 (Wounds) contains an entry that indicates that he received fragment wounds to the head and arm on 23 November 1967, and as a result he was medically evacuated to Letterman General Hospital, San Francisco, California.

6. The applicant’s Military Personnel Records Jacket (MPRJ) is void of any derogatory information or of an Army Good Conduct Medal (AGCM) disqualification action taken by any of the applicant’s active duty unit commanders. There are also no PH or CIB orders on file in the MPRJ.

7. A Medical Report on file, dated 8 January 1968, outlines the treatment history of the applicant based on the multiple fragment wounds he received on
23 November 1967, while serving in the RVN. It verifies that he received and was being treated for fragment wounds to the scalp, back, and right arm that he received as a result of hostile action in the RVN on 23 November 1967.

8. The applicant’s record also contains copies of a casualty report and Western Union telegram that confirm that the applicant was slightly wounded in action and received fragment wounds to the head, back, and right arm while engaged in a firefight with a hostile force while on a combat operation in the RVN. These documents further confirm that he was initially treated for these wounds at the 71^st Evacuation Hospital, RVN.

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9. On 10 January 1968, the applicant was released from active duty (REFRAD) after completing a total of 1 year, 10 months, and 2 days of active military service. The DD Form 214 issued to him on his separation date confirms that during his tenure on active duty, he earned the National Defense Service Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Parachute Badge, and Republic of Vietnam Campaign Medal. No other awards or decorations are listed in this separation document.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the PH is being awarded must have required treatment by a medical officer, this treatment must be supported by medical treatment records that were made a matter of official record.

11. Paragraph 2-13 of the awards regulation contains guidance on the Vietnam, Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

12. Chapter 4 of the same regulation prescribes the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940, however, for the first award only, a period of more than one year is a qualifying period if the award is issued at the termination of a period of Federal service. While there is no automatic entitlement to the AGCM, disqualification must be justified.

13. Chapter 8 of the awards regulation contains guidance on awarding Badges and Tabs. Paragraph 8-6 contains the criteria for awarding the CIB. It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.

14. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that based on his tenure of assignment in the RVN, the applicant was credited with participating in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and
TET Counteroffensive 1968 campaigns.

15. This pamphlet also confirms that the applicant’s unit (2^nd Battalion,
503^rd Infantry Regiment) earned the following awards during his tenure of assignment: Presidential Unit Citation, for the period 6 through 23 November 1967; Meritorious Unit Commendation, for the period 5 May 1965 through 4 May 1967; Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 5 May 1965 through 26 September 1970; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 15 April 1969 through
16 March 1971.

CONCLUSIONS:

1. The Board notes the applicant’s claim of entitlement to the PH, and it finds this claim has merit. The evidence of record includes medical treatment records, official casualty reporting and notification documents that confirm the applicant received multiple fragment wounds to the scalp, back, and right arm while engaged in action against a hostile force while serving as a SP4 in the RVN on 23 November 1967. Thus, the Board concludes the regulatory criteria necessary to support award of the PH has been satisfied in this case, and it would be appropriate to award him the PH at this time.

2. The Board also carefully considered the applicant’s claim of entitlement to the CIB. However, although the record confirms he served in and participated in combat action in the RVN with a qualifying infantry unit, it also verifies that while serving in this unit, he was assigned duties in MOS 63B as a wheel vehicle mechanic. Given the applicant was not serving in an infantry MOS, the Board concludes that the regulatory criteria necessary to support the award of the CIB had not been satisfied in this case. As a result, it concludes there is an insufficient evidentiary basis to support award of the CIB at this time.

3. Lacking evidence of any disqualification from any of his active duty unit commanders that would prohibit his receiving the award, the Board finds the applicant completed a qualifying period of service from 9 March 1966 through
19 January 1968 that entitles him to receive the first award of the AGCM. Thus, the Board concludes he should be awarded the AGCM at this time.

4. Further, based on his campaign participation in the RVN, the applicant is also entitled to 3 bronze service stars with his Vietnam Service Medal. In addition, his unit service in the RVN also entitles him to the following awards earned by his unit during his assignment tenure: Presidential Unit Citation; Meritorious Unit Commendation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, the Board concludes that it would also be appropriate to add these awards to his record at this time.

5. 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 Purple Heart and Army Good Conduct Medal; by showing he is entitled to 3 bronze service stars with his Vietnam Service Medal, the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

TK__ _WDP___ __FCJ__ GRANT AS STATED IN RECOMMENDATION

________ ________ ____ GRANT FORMAL HEARING

________ ________ ____ DENY APPLICATION




                  Ted S. Kanamine
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087345
SUFFIX
RECON
DATE BOARDED	2003/08/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1968/01/10
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Overseas Returnee
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2. 157	107.0111
3. 46	107.0000
4.
5.
6.