RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060012751 


	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.


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	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, in effect, award of the Purple Heart (PH) with Oak Leaf Cluster, Combat Infantryman Badge (CIB), Silver Star (SS), Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and all other awards to which he may be entitled.  

2.  The applicant states, in effect, that while serving in the RVN during the May/July 1969 time frame, he was assigned to Camp Enari at Pleiku and attached to the 5th Special Forces Group, where he was conducting mine sweeps and patrols.  He states that he believes he should have been awarded the CIB and SS for this period he was attached to and worked with the infantry.  

3.  The applicant also states that on 12 June 1969, he was injured in the RVN while on patrol.  He claims the patrol came into contact with the enemy resulting in a fire fight.  During the fire fight in reloading his gun a jam occurred and in releasing the jam, his finger was crushed in the breach.  He claims he was treated for this injury at the 152nd Medical Detachment.  He also states that on 
5 August 1969, while on a mine sweeping detail he collapsed, passed out, and woke up at the 67th Surgical Hospital.  He states he was informed that after having an appendectomy, while recuperating from the surgery, a one star general came by and placed a PH on his pillow.  However, after he awoke, the PH was gone and he never saw it again.  He now requests a review of his service record and correction to his separation document (DD Form 214) to show award of the PH with 1st Oak Leaf Cluster, CIB, SS, and RVN Gallantry Cross with Palm Unit Citation. 

4.  The applicant provides the following documents in support of his application:  Self-Authored Statement; Chronological Record of Medical Care (SF 600); Consultation Sheet (SF 513); and Narrative Summary (SF 502).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 21 October 1969.  The application submitted in this case is dated 
4 August 2006.


2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requests award of the SS.  However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirms his entitlement to this award.  In the absence of authority for this award, he may request award of the SS under the provisions of Section 1130 of Title 10 of the United States Code (10 USC 1130).  The applicant has been notified by separate correspondence of the procedures for applying for this award under 10 USC 1130.  As a result, his request for award of the SS will not be discussed further in this Record of Proceedings.

4.  The applicant’s record shows he was inducted into the Army of the United States and entered active duty on 15 March 1968.  He was trained in, awarded, and served in military occupational specialty (MOS) 62B (Engineer Equipment Maintenance), and the highest rank he attained while serving on active duty was specialist four (SP4).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 14 October 1968 through 23 October 1969.  It further shows that during his RVN tour, he was assigned to the 90th Heavy Maintenance Supply Company, performing duties in MOS 62B as an engineer equipment mechanic.  

6.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH and CIB are not included in the list of awards contained in Item 41 (Awards and Decorations).  Item 41 does show he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal; Army Good Conduct Medal (AGCM); and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.    


7.  The applicant's Military Personnel Records Jacket (MPRJ) contains no orders or other documents indicating that he was ever wounded in action, or awarded the PH by proper authority while serving on active duty.  The MPRJ is also void of any medical treatment records indicating he was ever treated for a combat related wound or injury.  It also contains no orders or other document indicating he was ever recommended for or awarded the CIB by proper authority while serving in the RVN.  

8.  On 21 October 1969, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 7 months, and 7 days of active military service.  The DD Form 214 he was issued upon his separation confirms he held MOS 62B20, and that he earned the following awards during his tenure on active duty:  NDSM; VSM; RVN Campaign Medal; AGCM; Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar; Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and 2 Overseas Service Bars.  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his separation, 21 October 1969.  

9.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name was not included on this list of casualties. 

10.  The applicant provides a Chronological Record of Medical Care (SF Form 600), which shows he injured his right long finger when he caught it in the chamber of his rifle when he fell on a hill.  He also provides a Consultation Sheet (SF 513) and Narrative Summary (SF 502), which shows he suffered from appendicitis that required surgery.  These medical treatment documents give no indication that the injuries the applicant was treated for were received as a result of enemy action, or that they were combat related.  

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.  


12.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  

13.  Chapter 8 of the award regulations contains guidance on award of combat badges.  It states, in pertinent part, that the 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.  In similar cases, the Awards Branch of the Human Resources Command (HRC) has advised 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.  

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit awards and campaign participation during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (90th Heavy Maintenance Supply Company) received the Meritorious Unit Commendation.  It also shows that campaign credit was granted for the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969 campaigns.

15.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does reveal that based on his RVN service and campaign participation, the applicant is entitled to the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and 4 bronze service stars with his Vietnam Service Medal.  Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.

2.  The applicant’s claim of entitlement to the PH with Oak Leaf Cluster was carefully considered.  However, by regulation, in order to award the PH it is necessary to establish that a Soldier was wounded as a result of enemy action, that the wound required treatment by a medical officer, and that the record of medical treatment was made a matter of official record.  

3.  In this case, the evidence of record includes no indication that the applicant was ever wounded/injured in action, or that he was ever treated for a combat related wound/injury.  Further, his DA Form 20 contains no indication that he was wounded in action, and his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  

4.  The veracity of the applicant’s claim and of the medical documents he provides is not in question.  However, the medical treatment records provided by the applicant confirm only that he injured his finger in his rifle when he accidentally fell on a hill, and that he had surgery for appendicitis.  These treatment records give no indication that either condition was caused by or received as a result of enemy action.  Therefore, absent any evidence of record corroborating that these injuries were combat related, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

5.  The applicant's contention that he is entitled to the CIB was also carefully considered.  However, by regulation, in order to support award of the CIB, there must be evidence confirming the member held and served in an infantry MOS, was assigned to an infantry unit of regimental, brigade or smaller size, and that he was personally present and participated with his qualifying unit while it was engaged in active ground combat with enemy forces.  Service in combat alone does not qualify an individual for the CIB. 

6.  In this case, the evidence of record confirms the applicant held and served in MOS 62B, performing duties as an engineer equipment mechanic with a Maintenance/Supply Company.  Therefore, absent evidence that he held and served in an infantry MOS, or served in a qualifying infantry unit while serving in the RVN, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x_  _x_  _x __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his entitlement to the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 4 bronze service stars with his Vietnam Service Medal, and by providing him a correction to his separation document that includes these awards. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart with Oak Leaf Cluster and Combat Infantryman Badge.  




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          CHAIRPERSON

INDEX

CASE ID
AR20060012751
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/10
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1969/10/21
DISCHARGE AUTHORITY
AR635-200 . . . . .  
DISCHARGE REASON

BOARD DECISION
Grant-partial
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107
2.

3.

4.

5.

6.