PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 November 2003
         DOCKET NUMBER: AR2003088464


         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
Mr. Mark D. Manning		Member
Mr. Barbara J. Ellis		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 “all individual citations, plus unit citations,” in particular, the Combat Infantryman Badge and the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3. The applicant states, in effect, that he was awarded the Combat Infantryman Badge and the Purple Heart in 1970 and feels that these decorations should be reflected on his DD Form 214.

4. The applicant’s military records show that he was inducted on 1 August 1969. He completed basic and advanced individual training, where he trained in Military Occupational Specialty (MOS) 94B20 (Cook). The applicant was then assigned to Vietnam, where he served as a rifleman (MOS 11B20) in the 1st Battalion, 14th Infantry, 4th Infantry Division from 1 February 1970 to 13 November 1970 and in the 3d Battalion, 506th Infantry, 101st Airborne Division from 14 November 1970 to 19 December 1970. The applicant returned to the United States, serving at Fort Sam Houston, Texas until being honorably separated from active duty in pay grade E-4, on 30 July 1971.

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 Bronze Star Medal, 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 appears on the Vietnam Casualty Roster as having been wounded as a result of enemy action on 31 August 1970. The entry shows that the wound was classified as not serious, but required hospitalization.

7. Headquarters, Fort Sam Houston Special Orders Number 144, dated 13 July 1971, awarded the applicant primary MOS 11B20, effective 1 August 1969.

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. 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

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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.

10. 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.

11. 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.

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. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

14. 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 Winter-Spring 1970; Sanctuary Counteroffensive; and Vietnam Counteroffensive, Phase VII.

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CONCLUSIONS:

1. Evidence of record shows that the applicant was wounded, as a result of hostile action, on 31 August 1970. Therefore, he is entitled to correction of his records to show award of the Purple Heart.

2. The Board noted that the applicant trained as a cook, but spent his entire tour of duty in Vietnam as an infantryman, serving in an infantry MOS, and assigned to an infantry unit of brigade, regimental or smaller size. Special Orders awarded the applicant a primary MOS of 11B20. The fact that the applicant was wounded as a result of hostile action while he was assigned to the unit clearly indicates that the unit was engaged in active ground combat. Therefore, the Board determined that the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

3. 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 1 August 1969 through 31 July 1971. Therefore, he is entitled to correction of his records to show this award.

4. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in 3 campaigns. As a result, the applicant is entitled to award of 3 bronze service stars, to be affixed to the Vietnam Service Medal, and correction of his records to show these appurtenances.

5. 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 31 August 1970;

b. the Combat Infantryman Badge;

c. the first award of the Good Conduct Medal for the period 1 August 1969 through 31 July 1971; and

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

BOARD VOTE:

___bje __ ____mdm ___jns __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________John N. Slone____________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088464
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031118
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. 107.00
2.
3.
4.
5.
6.