IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100000966 


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 an earlier request for correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB), Purple Heart, Bronze Star Medal, Air Medal, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Mortar Bar. 

2.  The applicant states:

* these awards do not appear on his DD Form 214
* his orders for the Bronze Star Medal is proof of eligibility for the CIB as it states he was involved in "ground operations against a hostile force"
* his military occupational specialty (MOS) 11C (infantry indirect fire crewman) is also evidence of combat for award of the Purple Heart
* he sustained an injury in June 1970   

3.  The applicant provides:

* Orders for the Bronze Star Medal
* Letter, dated 30 July 2008, from the Army Board for Correction of Military Records (ABCMR)





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 ABCMR in Docket Number AR20080014096, on 17 March 2009.

2.  A DD Form 215 (Correction to DD Form 214), dated 13 July 2009, amended the applicant's DD Form 214 by deleting the Vietnam Service Medal with three bronze service stars and adding the following:

* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge
* Expert Marksmanship Qualification Badge with Mortar Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar 

3.  Since the Bronze Star Medal, Air Medal, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Mortar Bar were added to the applicant's DD Form 214, this portion of the applicant's requests for reconsideration will not be discussed further in these proceedings.

4.  The applicant's contention his orders for the Bronze Star Medal which state he was involved in "ground operations against a hostile force" is evidence of his participation in ground combat and eligibility for the CIB is a new argument which will be considered by the Board.  

5.  The 30 July 2008 ABCMR letter provided by the applicant is new evidence which will be considered by the Board.

6.  The applicant was inducted into the Army of the United States on 5 May 1969.   He was awarded MOS 11C.  He arrived in Vietnam on 21 September 1969.  He served in MOS 11C while assigned to Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry in Vietnam from 5 October 1969 through 16 November 1969.  He served in MOS 11C while assigned to Company E, 2nd Battalion, 502nd Infantry in Vietnam from 17 November 1969 through 21 April 1970.  He served in MOS 11C while assigned to Company B, 2nd Battalion, 502nd Infantry in Vietnam from 22 April 1970 until he was hospitalized on            1 September 1970 in Okinawa.  On 7 July 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  

7.  The applicant’s DD Form 214 shows the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.   

8.  There are no orders for the CIB or the Purple Heart in the applicant's service personnel records.  

9.  Orders show the applicant received the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in Vietnam during the period 1 October 1969 to 31 July 1970.  These orders show his MOS is 11C2O.  

10.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 shows the entry "FRAG [Fragment] WOUND TO RT [Right] CHEEK (NOT HOSTILE ACTION) on 22 June 1970.  The applicant's name does not appear on the Vietnam Casualty Roster.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

12.  The letter, dated 30 July 2008, from the ABCMR states:

* there are no available orders which show he was awarded the Purple Heart
* it is clear he was medically evacuated but item 40 (Wounds) of his DA Form 20 states "FRAG WOUND TO RT CHEEK (NOT HOSTILE ACTION)"
* another document in his service record states he sustained this injury when the battalion magazine exploded on 22 June 1970 and the cause of the explosion was undetermined     

13.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (USARV) Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

14.  Annex D (Key Phrases) of the Military Assistance Command Vietnam (MACV) Directive 672-1 states proposed citations must contain certain required key phrases vital to approval.  A proposed citation for the Bronze Star Medal should include the key phrase "in connection with ground operations against a hostile force in the Republic of Vietnam."

15.  Army Regulation 600-8-22 provides 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 by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his orders/citation for the Bronze Star Medal which state he was involved in "ground operations against a hostile force" is evidence of his participation in ground combat and eligibility for the CIB.  However, MACV Directive 672-1 states a citation for the Bronze Star Medal must include the key phrase "in connection with ground operations against a hostile force in the Republic of Vietnam."  That is, it was used whether the Bronze Star Medal was awarded to an infantryman or to a clerk-typist.  Therefore, his orders/citation for the Bronze Star Medal cannot be used as the sole criterion for awarding the CIB.

2.  Evidence of record shows the applicant was wounded in Vietnam on 22 June 1970, not as a result of hostile action.  There is no evidence in the applicant's service personnel record which shows that he was wounded or injured as a result of hostile action in Vietnam.  Regrettably, there is insufficient evidence on which to award the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080014096, dated 17 March 2009.




      _______ _   _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)                                         AR20100000966



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)