IN THE CASE OF:	  

		BOARD DATE:	       24 February 2009

		DOCKET NUMBER:  AR20080017033 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in combat on 2 June 1969 in the Republic of Vietnam and considered his submission of the certificate that shows he was awarded the Purple Heart was sufficient to correct his record. 

3.  The applicant provides copies of Department of the Army messages and copies of Western Union Telegrams, dated on 7 and 8 June 1969 informing his family of his injury, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080011425, on 15 October 2008.

2.  The applicant submitted a copy of a Department of the Army message, dated 3 June 1969; and copies of Western Union Telegrams, dated on 7 and 8 June 1969, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records which were not available during the original proceedings, show he was inducted into the Army of the United States on 13 March 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained during his military service was specialist four (SP4)/E-4.  He was honorably released from active duty on  28 March 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  The applicant’s records show he served in the Republic of Vietnam from 17 March 1969 to 12 August 1969.  He was assigned to Company D, 5th Battalion, 12th Infantry, 199th Infantry Brigade. 

5.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  Item 24 does not show award of the Purple Heart.

6.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was transferred to the U.S. Army Hospital in Okinawa as a patient on 7 June 1969.

7.  The applicant's records contain a Department of the Army message, dated 3 June 1969, stating that the applicant was seriously wounded in action by fragments from a hostile booby trap on 2 June 1969 while on combat patrol.  He received a wound to his left eye with a penetrating wound to the esophagus.  He was initially hospitalized in the Republic of Vietnam and was subsequently evacuated to Okinawa, Japan, for further hospitalization.

8.  The applicant's records also contain a Western Union Telegram, dated 8 March 1970, informing the applicant's parents that he was seriously wounded in action in the Republic of Vietnam on 2 June 1969 as a result of hostile action.  He received fragment wounds to his left eye with a penetrating wound to the esophagus when a booby trap exploded while in combat operations in the Republic of Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge.  This regulation states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Commanders were not allowed to make any exceptions to this policy.  During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 5th Battalion, 12th Infantry, the unit to which the applicant was assigned, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 19 June 1969 to 31 July 1970, based on Department of the Army General Orders Number 51, dated 1971.  His unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, from 1 April 1968 to 31 August 1970, based on Department of the Army General Orders Number 51, dated 1971.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET 69 Counteroffensive (23 February 1969 to 8 June 1969) and the Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Additionally, Item 38 of the applicant’s DA Form 20 shows he received an "excellent" efficiency and conduct rating throughout his military service.



15.  Army Regulation 672-5-1, in effect at the time, provides that 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart. 

2.  The evidence of record shows that the applicant sustained a fragment wound to his left eye with a penetrating wound to the esophagus, from a booby trap as a result of hostile action in the Republic of Vietnam on 2 June 1969; that he was treated by military medical personnel; and that his treatment was made a matter of official record.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  The evidence of record shows that the applicant held an infantry MOS and was assigned to an infantry company when he was injured while conducting combat operations in the Republic of Vietnam.  The applicant was personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit that was actively engaged in ground combat with the enemy.  Therefore, he met the requirements for award of the Combat Infantryman Badge and is entitled to correction of his records to show this award.

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to have his records corrected to show these awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.



6.  The evidence of record confirms that the applicant served honorably during the period 13 March 1968 through 28 March 1970.  He served in the Republic of Vietnam, was awarded the Purple Heart, and received an "excellent" conduct and efficiency rating throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

___X____  ___X____  ___X____  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 amendment of the ABCMR’s decision in Docket Number AR20080011425, dated 15 October 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Purple Heart for wounds received in action on 2 June 1969 in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 March 1969 to 28 March 1970;

	c.  awarding the applicant the Combat Infantryman Badge on 2 June 1969; and 

	d.  adding award of the Purple Heart, the Good Conduct Medal (1st Award), the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with 

Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


															XXX
      ______________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080017033



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017033



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1