MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 January 1999                   
	DOCKET NUMBER:   AR1998012517

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his military records be corrected to show that he was awarded a Purple Heart and a Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he was wounded by a Claymore mine “fragment” that was removed by a medic; that he was an Armored Reconnaissance Specialist (MOS 11D20) and performed infantry duties just like an infantryman.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army of the United States for 2 years on 10 March 1970.  Following completion of the required military training, he was assigned to an armored cavalry unit in Vietnam, with duty as an armored reconnaissance specialist (MOS 11D20).  He served in Vietnam from 26 August 1970 to 25 August 1971.  While in Vietnam, he went AWOL from 7-19 August 1971.

The applicant was transferred from Vietnam to Fort Meade, Maryland, with a reporting date of 1 October 1971.  He never reported to his unit and was listed as AWOL effective 1 October 1971.  On 1 November 1971, his status was changed to that of a deserter.  On 9 November 1971, he was returned to military control, only to go AWOL again from 22-24 November 1971.  Eventually, he was separated with an honorable discharge on 28 December 1971.  He had 1 year, 7 months, and 24 days of creditable service and 56 days of lost time due to AWOL.

Medical records submitted by the applicant indicate that, on an unknown date in February 1971, he was “hit by Claymore (L) lower leg.”  The wound was dressed and he received a tetanus shot.  On 25 February 1971, the fragment in his leg was removed.  A Claymore mine is a US anti-personnel mine that uses plastic explosives to propel tiny ball bearings when the mine is detonated.

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  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 be have an infantry or special forces specialty and satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy. The Awards Branch of the Total Army Personnel Command has advised in similar cases that, during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

Army Regulation 600-8-22 provides, in pertinent part, that 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, and the medical treatment must have been made a matter of official record.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant is not entitled to the CIB.  He served in MOS 11D20, Armored Reconnaissance Specialist; this is not an MOS authorized to receive the CIB.

3.  Although the applicant has documented that he suffered a fragment wound while serving in Vietnam, the circumstances surrounding how he received the wound are unknown.  What is known is that he was wounded by a US Claymore mine and not by enemy ordnance; the incident may have been the result of an accident.  Without further evidence from the applicant and other soldiers who witnessed the event, his eligibility for the Purple Heart cannot be established.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___TNK _  ___WTM_  __MVT__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12035/AR1998012517	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990113	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	Mr. Harrell	
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.