PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:            24 November 1998                  
	DOCKET NUMBER:   AC98-10391

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

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests his records be corrected to show his correct date of birth.  Additionally, he requests correction to show entitlement to award of the Combat Infantryman Badge and the Purple Heart.

3.  The applicant states that his records currently do not reflect this information.

4.  The applicant’s military records show his date of birth as 22 May 1949.  He was inducted on 21 November 1967.  He served in Vietnam from 11 May 1968 to 5 June 1969, in his assigned military occupational specialty of 11B (Light Weapons Infantryman).  His separation document shows his date of birth as     22 March 1949.

5.  His record of induction shows his date of birth as 22 May 1949.

6.  Special Order 188, 25th Infantry Division, awarded the Combat Infantryman Badge to the applicant.

7.  There is no evidence the applicant was awarded the Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards) 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.

CONCLUSIONS:

1.  Evidence shows the applicant’s date of birth as 22 May 1945.

2.  The applicant is entitled to award of the Combat Infantryman Badge.

3.  There is no evidence that the applicant was wounded or treated for wounds as a result of hostile action.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing:

	a.  the individual concerned was entitled to award of the Combat Infantryman Badge; and,

	b.  his date of birth is 22 May 1949.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

GDP____  CLA____  RWG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON