MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  30 December 1998                            
	DOCKET NUMBER:   AC98-10630/AR1998012418

	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. George D. Paxson		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Van B. Cunningham		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 record be corrected to show that he was awarded two Presidential Unit Citations, three Purple Hearts, a Bronze Star Medal, a Navy Commendation Medal, the Combat Infantryman Badge, the Vietnam Cross of Gallantry, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

APPLICANT STATES:  That he was told that he had earned theses awards while he was in Vietnam.

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

He was born on 5 March 1948 and enlisted in the Regular Army for 3 years on 30 August 1965.  Following completion of Basic Combat Training (BCT) at Fort Jackson, South Carolina, he received Advanced Individual Training (AIT) as a light vehicle driver (MOS 64A10) and a clerk/typist (MOS 71A10).  Following training, he was transferred to Fort Gordon, Georgia, where he served as a clerk typist and a driver.  While at Fort Gordon, he was convicted by a Special Court-Martial of being AWOL from 28 July 1966 to 12 August 1966.

The applicant was reassigned from Fort Gordon to Vietnam, serving there from 12 March 1967 to 8 March 1968.  In Vietnam, he was assigned to an engineer unit as a driver.  He received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on two occasions while in Vietnam.  The first occurred on 29 June 1967 when he failed to obey a lawful order to place name tags on his uniform.  The second NJP was administered on 16 December 1967 when he failed to go to his place of duty.

The applicant returned to the United States and was assigned to Fort Knox, Kentucky on 18 April 1968.  He was honorably discharged on 13 September 1968.  He had 3 years of creditable active Federal service and 15 days of lost time due to AWOL.

On 28 March 1996, the applicant wrote to the US Army Reserve Personnel Center (ARPERCEN) requesting the subject awards.  His DD Form 214, Report of Transfer or Discharge, credited him with the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, expert marksmanship badge, and sharpshooter badge.  ARPERCEN corrected his records by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.  There was no evidence to support his request for the Purple Heart, Bronze Star Medal, or Combat Infantryman Badge.  He was directed to the appropriate Department of the Navy agency concerning the Navy Commendation Medal.

Army Regulation 600-8-22 provides policies and procedures for the awarding of decorations and badges.  It 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.  During the Vietnam Conflict, US Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel 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.  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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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’s records were thoroughly reviewed by ARPERCEN and this Board.  There was no evidence in the record, and the applicant did not provide evidence, to support his claim that he earned the Purple Heart, Bronze Star Medal, or Combat Infantryman Badge.

3.  The ARPERCEN authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge and directed the US Army Support Activity, Philadelphia, Pennsylvania, to ship all US awards to the applicant.
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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10630/AR1998012418	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981230	
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		
ISSUES         1.	107.0000	
2.	1070014	
3.	107.0015	
4.	107.0111	
5.		
6.