PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 October 2003
         DOCKET NUMBER: AR2003088005


         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. Curtis L. Greenway		Chairperson
Mr. Ernest W. Lutz		Member
Mr. Larry C. Bergquist		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 and the Combat Infantryman Badge.

3. The applicant states, in effect, that he was wounded in Vietnam in March 1970, not March 1969, as reflected on his DA Form 20 (Enlisted Qualification Record). He contends that he was shipped to Hawaii and then to Brooke General Hospital at Fort Sam Houston, Texas. The applicant did not provide any evidence in support of his application.

4. The applicant’s military records show he served in the U.S. Navy from
5 August 1963 to 15 December 1966. He was inducted in the Army of the United States on 18 June 1968, served as a watercraft operator and was honorably discharged on 19 June 1969 for enlistment in the Regular Army. He enlisted on 20 June 1969 for a period of 6 years. He departed the continental United States enroute to Korea around March 1969. He departed Korea enroute to Vietnam on or about 30 June 1969. The applicant served as a watercraft operator assigned to the 626th Transportation Company in Vietnam from 11 August 1969 through 28 August 1969, his next assignment serving as a watercraft operator was with the U.S. Army Harborcraft Company in Vietnam from 29 August 1969 through 9 November 1969, and his third assignment serving as a watercraft operator was with the 539th Transportation Company in Vietnam from 10 November 1969 through 14 April 1970. On 21 May 1970, the applicant was honorably discharged for immediate reenlistment. He reenlisted on 22 May 1970 for a period of 6 years. He served as a watercraft operator assigned to the 458th Transportation Company in Vietnam from 20 August 1970 through 19 August 1971. The applicant was discharged on 17 March 1975.

5. The applicant's DD Form 214 (Report of Transfer or Discharge) for the period ending 21 May 1970 shows the National Defense Service Medal, the Armed Forces Expeditionary Medal (Korea), the Vietnam Service Medal, the Vietnam Campaign Medal, the Parachutist Badge, and seven awards of the Overseas Service Bar as authorized awards. His DD Form 214 for the period ending 17 March 1975 shows that he was separated from the service on temporary records.

6. There are no orders for the Purple Heart in the applicant's service personnel records. The applicant’s name does not appear on the Vietnam Casualty Roster.

7. Item 40 (Wounds) on the applicant's DA Form 20 contains a typed entry which shows he sustained a bullet wound in his left leg on 7 March 1969.

8. The applicant's DA Form 20 shows he was medically evacuated from Vietnam to the Medical Health Center at Fort Sam Houston, Texas, on 14 March 1970.

9. There are no orders for the Combat Infantryman Badge in the applicant's service personnel records.

10. The applicant's DA Form 20 shows that he was awarded military occupational specialty (MOS) 11H (infantry direct fire crewman) on 5 September 1973.

11. The applicant's service personnel records show the applicant participated in four campaigns during his assignments in Vietnam.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the applicant's unit (539th Transportation Company) was cited for award of the Meritorious Unit Commendation for actions during the period 1 November 1968 to 31 January 1970 by Department of the Army General Orders Number 51, dated 1971.

13. Department of the Army General Orders Number 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.

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.

CONCLUSIONS:

1. The applicant contends that he was wounded in Vietnam in March 1970, not March 1969 as reflected in item 40 on his DA Form 20. Evidence of record shows the applicant was enroute to Korea in March 1969, not in Vietnam. The Board notes that the applicant's DA Form 20 shows that he was medically evacuated from Vietnam in March 1970 to the United States for medical treatment. Since the applicant was separated from the service on temporary records, the Board concludes that it is reasonable to presume that the 1969 entry in item 40 on his DA Form 20 is incorrect and that the applicant was wounded in action on 7 March 1970 in Vietnam. Therefore, the Board determined that there is sufficient evidence on which to base award of the Purple Heart in this case.

2. The Board considered the applicant's contention that he is entitled to award of the Combat Infantryman Badge. However, evidence of record shows the applicant served as a watercraft operator during his assignments in Vietnam. There is no evidence of record which shows the applicant served in an infantry MOS or served in active ground combat while an assigned member of an infantry company in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignments in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.

4. The applicant's unit received the Meritorious Unit Commendation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit award.

5. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam. This unit award should also be added to his DD Form 214.

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 all of the Department of the Army records related to this case be corrected by showing the applicant received the Purple Heart for wounds received in action on 7 March 1970 in Vietnam.

2. That the applicant's DD Form 214 be corrected to show award of the Purple Heart, the Vietnam Service Medal with four bronze service stars, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. That so much of the application as pertains to award of the Combat Infantryman Badge be denied.

BOARD VOTE:

CLG____ EWL____ LCB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Curtis L. Greenway__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088005
SUFFIX
RECON
DATE BOARDED	20031030
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0111
3.	107.0000
4.
5.
6.