IN THE CASE OF:	

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090014914 


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 award of the Purple Heart.  He also requests award of the Combat Infantryman Badge and correction of his DD Form 214 (Armed Forces of the United States Reports of Transfer or Discharge) to show the Army Commendation Medal, Combat Infantryman Badge, and the Purple Heart.

2.  The applicant states he has obtained additional documents that clearly show he was wounded in action.  He also would like to point out that in the summary he submitted on 28 April 2009 he stated that his unit fell under enemy attack on 23 May 1970; however, the correct date was 22 May 1970.  He also states that he served in Vietnam from January 1970 through August 1970 and was awarded the Combat Infantryman Badge, but he can't locate the award certificate. 

3.  The applicant provides in support of his request, a copy of General Orders Number 11688, issued by Headquarters, Americal Division on 2 September 1970; copies of his DA Forms 8-275-2 and 3 (Clinical Record Cover Sheet), dated 22 May, 20 August, and 29 September 1970; copies of his Standard Form (SF) 513 (Clinical Record - Consultation Sheet), dated 22 May 1970 and 23 June 1971; copies of SF 600 (Chronological Record of Medical Care), dated 22 May and 4 August 1970; a copy of his DA Form 3349 (Medical Condition - Physical Profile Record), dated 1 July 1970; copies of his SF 502 (Clinical Record - Narrative Summary), dated 18 August and 22 September 1970; a copy of his SF 518 (Operation Report), dated 25 August 1970.


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 in Docket Number AR2000049364, on 6 March 2001.

2.  The applicant submitted copies of his clinical records, consult sheets, physical profile, narrative summary, and operation report, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  His records show he was inducted into the Army of the United States and entered active service on 7 May 1969.  He completed basic combat and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 11D (Scout Observer).  He was honorably released from active duty on 6 May 1971 in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.

4.  His records show that he served in the Republic of Vietnam from on or about 25 October 1969 to on or about 10 October 1970.  He was assigned to A Troop, 1st Squadron, 1st Cavalry, Americal Division.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Bronze Star Medal, Vietnam Service Medal with 3 bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Badge (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Badge (M-16).  Item 24 does not show the Purple Heart, Army Commendation Medal, or Combat Infantryman Badge.

6.  Headquarters, Americal Division, General Orders Number 11688, dated 2 September 1970, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile enemy in the Republic of Vietnam from October 1969 to October 1970.

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered a fragment wound to his left hand and his face.  It lists the date of his injury as 23 May 1970.


8.  His name is not shown on the Vietnam casualty roster.

9.  He submitted the following medical documents in support of his combat injury:

	a.  DA Form 8-275-3, dated 22 May 1970, shows he was wounded in action at 18:30 hours on 22 May 1970 by a rocket propelled grenade (RPG).  He was admitted to the 27th Surgical Hospital for multiple artificial fragment wounds to his face and left hand.  This form also states that no evidence the Purple Heart was awarded at this hospital.  

	b.  SF 513, dated 22 May 1970, shows he suffered multiple fragment wounds to his face from an RPG that exploded nearby.

	c.  SF 600, dated 22 May 1970, shows an entry that an RPG exploded near his tank that night.  He incurred multiple small fragments to his face and a small fragment to his left third finger as well as fragments to his face.  He was also seen at the Ear, Nose, and Throat (ENT) clinic on 27 May and 3 June 1970.

	d.  DA Form 3349, dated 1 July 1970, shows he was issued a temporary physical profile due to hearing difficulties. 

	e.  SF 600, dated 4 August 1970, shows he followed up at the ENT clinic of the 91st Evacuation Hospital and was again prescribed medications.

	f.  DA Form 8-275-3, dated 20 August 10970, shows he was transferred from the 95th Evacuation Hospital, Vietnam to the 249th General Hospital, Japan, due to a traumatic perforation in his left ear.

	g.  SF 516, dated 25 August 1970, shows he underwent tympanoplasty of the perforated ear.

	h.  DA Form 8-275-2, dated 29 September 1970, shows a diagnosis of a perforated ear, gearing loss, and compound skin.

	i.  SF 502, dated 22 September 1970, restates the events that led to his injury and subsequent treatment.

	j.  SF 513, dated 23 June 1971, shows he followed up at a VA hospital.

10.  Army Regulation 600-8-22 (Military Awards) provides:


	a.  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.

	b.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

11.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 9 of this regulation provide for the preparation and submission of the DA Form 20.  Paragraph 9-53 states that item 40 of the DA Form 20 shows the wounds and reflects a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization and the date wounded or injured.

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

13.  Headquarters, 2nd Combat Support Training Brigade, Special Orders Number 126, dated 1 August 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60). 

14.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his entire military service with the exception of an "Unknown" conduct and efficiency rating during AIT.

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

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to the 1st Squadron, 1st Cavalry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 24 August 1969 to 31 December 1969 based on Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart and the Combat Infantryman Badge.  He also contends his DD Form 214 should be corrected to show both awards as well as the Army Commendation Medal.

2.  The evidence of records show he was wounded in action by a hostile RPG on 22 May 1970 in Vietnam.  He was admitted to the hospital and was treated for fragment wounds to his face and left hand.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  General orders awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile enemy in the Republic of Vietnam from October 1969 to October 1970 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

6.  The evidence of record confirms he served honorably during the period 7 May 1969 through 6 May 1971.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service (except during AIT), attained the rank/grade of SP4/E-4, and was wounded in combat.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

7.  With respect to the Combat Infantryman Badge, his 11D MOS and his service in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was assigned or attached to an infantry unit and was an active participant in ground combat while assigned or attached to an infantry unit.  In the absence of evidence that he was assigned or attached to an infantry unit and actively participated in ground combat with his infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge 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 partial amendment of the ABCMR’s decision in Docket Number AR2000049364, dated 6 March 2001.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds received in action on 22 May 1970 in the Republic of Vietnam;

	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 May 1969 through 6 May 1971; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

2.  The Board further determined 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 Combat Infantryman Badge.



      ___________X_____________
               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)                                         AR20090014914



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014914



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1