BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001170


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 his Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was wounded in Vietnam on 5 May 1968.

3.  The applicant provides:

* a page from a Department of Veterans Affairs Rating Decision
* his Purple Heart Certificate

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army of the United States for 2 years on 15 August 1967.  He was trained as an infantryman (military occupational specialty 11B) and as a parachutist.  He was sent to Vietnam on 31 March 1968.

2.  In Vietnam, the applicant was assigned to Company D, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade.  He reported to his unit on or about 6 April 1968.

3.  On 5 May 1968, the applicant was wounded in action when he received gunshot wounds to his right thigh, left hip, and left foot.  He was transferred to the US Army Vietnam Casualty Company, then to the US Army Hospital, Camp Zama, Japan, and finally to the US Army Hospital, Fort Ord, CA.

4.  The applicant was honorably released from active duty on 7 April 1969 at Fort Ord.  His DD Form 214 shows:

* 1 year, 7 months, and 23 days of creditable service
* 1 month, and 16 days of foreign service in Vietnam
* excellent conduct and efficiency ratings
* the following awards:
o National Defense Service Medal
o Vietnam Service Medal
o Vietnam Campaign Medal with Device (1960)
o Parachutist Badge
o Expert Marksmanship Qualification Badge with Rifle Bar

5.  The following evidence supports his request:

* his DA Form 20 (Enlisted Qualification Record) shows he was wounded and awarded the Purple Heart
* a Western Union telegram, dated 13 May 1968, informs his parents of his wounding
* a FRIAR Report (Slightly wounded or injured as a result of hostile action)
* his name is on the Vietnam Casualty Roster

6.  Army Regulation 600-8-22 (Military Awards) states:

	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.  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.

	c.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 503rd Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his Purple Heart be added to his DD Form 214.

2.  The record shows the applicant was wounded in action on 5 May 1968 when he suffered gunshot wounds during combat operations in Vietnam; his already-awarded Purple Heart should be added to his DD Form 214.

3. The applicant was a combat infantryman; he was assigned to an infantry company; and he was wounded in action in Vietnam.  He should be awarded the Combat Infantryman Badge and it should be added to his DD Form 214.

4.  The applicant was a 2-year inductee.  He served honorably and well, receiving uniformly "excellent" conduct and efficiency ratings.  He should be awarded the Army Good Conduct Medal for the period 15 August 1967 to 7 April 1969 and it should be added to his DD Form 214.

5.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure; this foreign unit award should be added to his DD Form 214.

6.  The applicant served in Vietnam from 31 March 1968 to 5 May 1968.  He is entitled to wear one bronze service star on his Vietnam Service Medal.


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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal for the period 15 August 1967 to 7 April 1969
* awarding him the Combat Infantryman Badge
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with 1 bronze service star, Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation





      _______ _  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)                                         AR20110001170





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ABCMR Record of Proceedings (cont)                                         AR20110001170



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