PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 September 2003
         DOCKET NUMBER: AR2003088235


         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. John N. Slone		Chairperson
Ms. Linda D. Simmons		Member
Ms. Regan K. Smith		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, correction of his records to show award of the Combat Infantryman Badge, while serving in the Republic of Vietnam (RVN).

3. The applicant states that he served as an infantryman in RVN and was wounded twice during the period January 1967 through November 1967. He further states that he received two Purple Hearts for wounds received in combat.

4. The applicant’s military records show that he was inducted on 4 November 1966. He completed basic and advanced individual training, where he trained in Military Occupational Specialty (MOS) 11B10 (Light Weapons Infantryman). Upon completion of his training, the applicant reported to RVN where he was assigned as a scout, MOS 11D20, in the 11th Armored Cavalry Regiment (ACR). He was medically evacuated to Japan, then to Walter Reed Army Medical Center, on 5 January 1968 as a result of wounds received on 12 December 1967. The applicant spent the next eight months in a patient status. He was placed on the temporary disability retired list on 13 August 1968 and permanently retired for disability on 1 February 1972.

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

6. Headquarters, 36th Evacuation Hospital General Orders Number 62, dated 11 July 1967, announced award of the Purple Heart to the applicant for injuries received as a result of hostile action on 10 July 1967.

7. The applicant’s name is listed twice on the Vietnam Casualty Roster. The first date is 10 July 1967. This entry shows that the applicant was wounded by mines or other weapons as a result of enemy action and that the wound/s were not serious enough to be hospitalized. The second date is 12 December 1967. This entry shows that the applicant was wounded by mines or other weapons as a result of enemy action and that the wound/s caused his evacuation from the theater of operations.

8. 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 years of qualifying service and there is no indication of any disciplinary being taken against him action in his service personnel records.

9. 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, by Department of the Army General Orders Number 60, dated 1969.

10. Army Regulation 600-8-22 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.

11. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

12. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

13. 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.

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.

15. 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 each the following Vietnam campaigns: Vietnam Counter Offensive, Phase II and Vietnam Counter Offensive, Phase III.

CONCLUSIONS:

1. Evidence of record shows that the applicant was wounded, as a result of hostile action, on 12 December 1967. Therefore, he is entitled to correction of his records to show a second award of the Purple Heart.

2. Since there is no evidence that the applicant was disqualified for the Good Conduct Medal, he is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service from 4 November 1966 through 12 August 1968. Therefore, he is entitled to correction of his records to show this award.

3. General Orders show the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, he is entitled to correction of his records to show this unit award.

4. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in two campaigns. As a result, the applicant is entitled to award of two bronze service stars, to be affixed to the Vietnam Service Medal, and correction of his records to show these appurtenances.

5. There are no orders awarding the applicant the Combat Infantryman Badge. The applicant’s DD Form 214, authenticated in his own hand, does not show award of the Combat Infantryman Badge. The applicant’s military service records show that he served in MOS 11D20 throughout his tour of duty in RVN. Since there is no evidence that the applicant was assigned as an infantryman, in an infantry unit, there is no basis to award the him the Combat Infantryman Badge.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by that the individual concerned was awarded:

a. the Purple Heart, first oak leaf cluster, for wounds received on 12 December 1967;

b. the first award of the Good Conduct Medal;

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

d. two bronze service stars, to be affixed to the Vietnam Service Medal.

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

BOARD VOTE:

____jns__ ___lds___ ___rks__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________John N. Slone_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088235
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030925
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.