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ARMY | BCMR | CY2006 | 20060011149
Original file (20060011149.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060011149


	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.



	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the Purple Heart and the Combat Infantryman Badge be added to his DD Form 214.

2.  The applicant states he was an infantryman serving in Vietnam when he was wounded on 10 November 1967.

3.  The applicant provides:

	a.  A letter to the Board.

	b.  A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 15 February 1967 to 10 April 1968 when he was placed on the Temporary Disability Retired List (TDRL).  It shows he served in Vietnam as a light weapons infantryman with Company D, 3rd Battalion, 12th Infantry Division (sic).  It shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal. The document was prepared at Fitzsimons General Hospital, Denver, CO.

	c.  General Orders Number 336, Headquarters, 4th Infantry Division, dated 12 January 1968, awarding him the Purple Heart for wounds received on 10 November 1967.

	d.  Letter orders Number D 10-1082, Department of the Army, Office of The Adjutant General, dated 28 October 1971, removing him from the TDRL and permanently retiring him by reason of physical disability as a Private First Class (PFC/E-3), effective 30 November 1971.

	e.  DA Form 199 (Physical Evaluation Board Proceedings), dated 1 March 1968, showing "blindness, OD, secondary to intraocular foreign body, with hemorrhage into vitreous, traumatic, OD.  OS:  20/15, with glaucoma, OD."

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army of the United States for 2 years on 15 February 1967.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B, Light Weapons Infantryman.

2.  The applicant arrived in Vietnam on/about 14 August 1967.  He was assigned to Company D, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division with 

duties in his MOS.  While participating in combat operations against hostile forces, he was seriously wounded on 10 November 1967.  He was medically evacuated to the US Army Hospital, Camp Zama, Japan on/about 15 November 1967.  On/about 7 December 1967, he was further evacuated to the United States and Fitzsimons General Hospital.

3.  The applicant was separated for medical disability and placed on the TDRL on 10 April 1968.  He was permanently retired by reason of physical disability effective 30 November 1971.

4.  General Orders Number 336, Headquarters, 4th Infantry Division, dated 12 January 1968, awarded the applicant the Purple Heart.  Fitzsimons General Hospital also issued orders for the Purple Heart – General Orders Number 17, Department of the Army, Fitzsimons General Hospital, dated 11 March 1968.

5.  Other documents contained in the applicant's records show:

	a.  He was promoted to Acting Sergeant, effective 17 September 1967.

	b.  He was awarded the Expert Marksmanship Qualification Badge with
M-60 Machinegun Bar; the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar; and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.

	c.  His conduct and efficiency were rated and uniformly "excellent" throughout his active service.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part:

	a.  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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart;

	b.  The Good Conduct Medal is awarded to individuals who have completed a qualified 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.  During the Vietnam War era, the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

	c.  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.

	d.  A bronze service star based on qualifying service is awarded for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  During the applicant's Vietnam War service, he served in one campaign – Counteroffensive, Phase III (1 June 1967-29 January 1968).

7.  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 unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 by Department of the Army General Order Number 3, dated 1970.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by Department of the Army General Order Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant would like the Purple Heart and Combat Infantryman Badge added to his DD Form 214.  Orders verify that he was awarded the Purple Heart; therefore, this award should be added to his DD Form 214.

2.  The applicant's record contains orders showing he was awarded the Expert Marksmanship Qualification Badge with M-60 Machinegun Bar; the Sharpshooter 

Marksmanship Qualification Badge with M-14 Rifle Bar; and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.  These badges should be added to his DD Form 214.

3.  The applicant's record contains no orders showing he was awarded the Good Conduct Medal; however, the record shows he was promoted to the rank of Acting Sergeant and that his conduct and efficiency ratings were uniformly "excellent."  Therefore, he should be awarded the Good Conduct Medal for the period 15 February 1967 to 10 April 1968 and it should be added to his DD Form 214.

4.  The applicant's record contains no orders showing he was awarded the Combat Infantryman Badge; however, the record shows he was an infantryman assigned to an infantry company, and he was wounded while engaged in combat.  Therefore, he should be awarded the Combat Infantryman Badge and it should be added to his DD Form 214.

5.  The applicant's unit was awarded the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period during which he was assigned.  These foreign unit awards should be added to his DD Form 214.

6.  The applicant was awarded the Vietnam Service Medal, he participated in one campaign, and he is entitled to 1 bronze service star for wear on his Vietnam Service Medal.  Therefore, he should be awarded a bronze service star and it should be added to his DD Form 214.

BOARD VOTE:

__jcr___  ___dkh__  __rdg___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Good Conduct Medal for the period 15 February 1967 to 10 April 1968; the Combat Infantryman Badge; and a bronze service star for wear on his already-awarded Vietnam Service Medal;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  adding to his DD Form 214 the already-awarded Purple Heart for wounds received as a result of enemy action in Vietnam on 10 November 1967, the Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with M-60 Machinegun Bar, the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar, the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



							Jeffrey C. Redmann
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011149
SUFFIX

RECON

DATE BOARDED
20070208
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.


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