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Decision Text

ARMY | BCMR | CY2003 | 2003089749C070403
Original file (2003089749C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 30 OCTOBER 2003
         DOCKET NUMBER: AR2003089749


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Curtis L. Greenway Chairperson
Mr. Ernest W. Lutz, Jr. 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.


2. The applicant requests that his records be corrected to reflect award of the Purple Heart. He states the award is missing from his separation document and wants the information added for "family purposes." In support of his request he submits a copy of his Purple Heart award certificate.

3. Records available to the Board indicate that the applicant enlisted and entered active duty on 9 October 1968. He completed training as an infantryman (MOS (Military Occupational Specialty) 11B) and in July 1969 was assigned to the 4th Battalion, 503rd Infantry in Vietnam as a rifleman.

4. On 10 August 1969 he sustained multiple fragment wounds to both legs and was subsequently evacuated. The applicant's Purple Heart award certificate is dated 9 October 1969. Item 40 (wounds) on his Department of the Army Form 20 (Enlisted Qualification Record) confirms the applicant's combat wound.

5. In 1982 the office of The Adjutant General confirmed the applicant's entitlement to the Purple Heart via a statement. There are, however, no orders confirming the award and the award is not reflected on his separation document.

6. Following the applicant's medical evacuation from Vietnam, he was returned to duty at Fort Bragg, North Carolina.

7. As a result of a series of AWOL (absent without leave) periods, the applicant was ultimately discharged under conditions other than honorable on
29 December 1972. In 1980 his discharge was upgraded to under honorable conditions as a result of action by the Army Board for Correction of Military Records. When his separation document was re-issued, it still did not show entitlement to the Purple Heart.

8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM). The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

10. A review of Department of the Army Pamphlet 672-3 indicates that the applicant's unit (4th Battalion, 503rd Infantry) participated in one designated campaign period (Vietnam Summer-Fall 1969) while he was a member of the organization. His campaign participation should be reflected with the addition of one bronze service star to the Vietnam Service Medal which is reflected on his separation document. The pamphlet also indicates that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned. The unit awards were also omitted from his separation document.

CONCLUSIONS:

1. The evidence confirms that the applicant was wounded in action on 10 August 1969 and awarded the Purple Heart. His records should be corrected to reflect that decoration.

2. The evidence also confirms that the applicant met the qualification requirements for award of the Combat Infantryman Badge and the Vietnam Campaign Medal. His records should be corrected accordingly.

3. The applicant is also entitled to one bronze service star on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. That information should also be added to his separation document.

4. 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:

         a. by confirming that the applicant was awarded the Purple Heart;

         b. by awarding him the Combat Infantryman Badge and the Vietnam Campaign Medal; and

         c. by showing that he is entitled to one bronze service star on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__CLG __ __EWL __ __LCB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Curtis L. Greenway____
                  CHAIRPERSON




INDEX

CASE ID AR2003089749
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031030
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.


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