PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2003
         DOCKET NUMBER: AR2003089372


         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. Raymond J. Wagner		Member
Ms. Mae M. Bullock		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 was wounded and treated for shrapnel wounds to his right thigh and nose in Vietnam. He also contends that most of the records pertaining to the incident were destroyed and that due to a very high casualty rate in his company no one was able to provide the proper write up for this award. In support of his application, he submits a medical record, dated 30 June 1968.

4. The applicant’s military records show that he enlisted on 2 November 1966 for a period of 2 years and was awarded military occupational specialty (MOS) 11B (infantry). He served in MOS 11B assigned to Company C, 1st Battalion of the 506th Infantry in Vietnam from 1 December 1967 through 19 September 1968. On 24 September 1969, the applicant was honorably discharged for immediate reenlistment. He reenlisted on 25 September 1969 and remained on active duty through continuous reenlistments until he retired in the rank of master sergeant on 31 December 1986.

5. The applicant's DD Form 214 for the period ending 24 September 1969 shows the Parachutist Badge, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, and one award of the Overseas Service Bar as authorized awards.

6. There are no orders for the Purple Heart in the applicant's service personnel records.

7. The applicant's name does not appear on the Vietnam Casualty Roster.

8. The historical files of Company C, 1st Battalion, 506th Infantry, 101st Airborne Infantry Division and the 12th Evacuation Hospital located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.

9. The applicant provided a medical record, dated 30 June 1968, which shows that he was treated for fragment wounds to his right thigh and nose.

10. The applicant’s service personnel records show that he participated in four campaigns during his assignment in Vietnam.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was cited for award of the Valorous Unit Award for actions during the period 13 June to 23 September 1968 by Department of the Army General Orders Number 52, dated 1974.

12. Department of the Army Pamphlet 672-3 shows the applicant’s unit was cited for award of the Meritorious Unit Commendation for actions during the period 14 March to 3 October 1968 by Department of the Army General Orders Number 5, dated 1977.

13. Department of the Army Pamphlet 672-3 also shows the applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

14. The applicant's DD Form 214 for the period ending 31 December 1986 does not show the Purple Heart, the Valorous Unit Award, or the Meritorious Unit Commendation as authorized awards.

15. 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.

16. 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 U.S. Army Human Resources Command (formerly known as 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.

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.

18. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

CONCLUSIONS:

1. Medical evidence of record shows the applicant was treated for fragment wounds to his right thigh and nose on 30 June 1968 in Vietnam. Evidence of record shows that the applicant was serving as an infantryman and the Valorous Unit Award shows his unit was heavily involved in action during this time. Therefore, there is sufficient 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, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3. The applicant’s DD Form 214 for the period ending 24 September 1969 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment 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 for the period ending 24 September 1969 to show these awards.

4. The applicant’s unit was cited for award of the Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, his DD Form 214 for the period ending 24 September 1969 should be corrected to show these unit awards.

5. The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, his DD Form 214 for the period ending
24 September 1969 should be corrected to show this medal.

6. 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 showing that the applicant was awarded the Purple Heart for wounds received in action on 30 June 1968 in Vietnam.

2. That the applicant's DD Form 214 for the period ending 24 September 1969 be corrected to show the Purple Heart, the Combat Infantryman Badge, the Vietnam Service Medal with four bronze service stars, the Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. That the applicant's DD Form 214 for the period ending 31 March 1986 be corrected to show award of the Purple Heart, the Valorous Unit Award, and the Meritorious Unit Commendation.

BOARD VOTE:

SK_____ RJW____ MMB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Stanley Kelley______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089372
SUFFIX
RECON
DATE BOARDED	20031106
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.