MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC98-11788

	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. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 record be corrected to show that he was awarded a Purple Heart and a Combat Infantryman Badge (CIB).

APPLICANT STATES:  That between 1500-1600 hours, 3 March 1967, he was engaged in hand-to-hand combat with the enemy in the Ashau Valley, Republic of Vietnam.  He claims that he was shot in the head by a sniper and suffered shrapnel wounds to the chin and shoulder when a grenade exploded.

EVIDENCE OF RECORD:  The applicant's military records show:
He enlisted in the Regular Army for 3 years on 14 January 1965.  Following completion of all required military training, he was assigned to a unit in Germany, with duty as a cannoneer (military occupational specialty (MOS) 13A10).  He was transferred from Germany to Vietnam, serving there from 8 December 1966 to 30 August 1967.

In Vietnam, the applicant was assigned to B Battery, 1st Battalion, 21st Artillery, 1st Cavalry Division, as a cannoneer.  On 2 March 1967, the applicant did not get out of the way and was struck in the head by the recoil from an artillery piece.  He received a laceration, which was sutured in the field.  He returned to duty, but noticed a discharge coming from his head laceration.  He was sent to a medical facility and diagnosed with a depressed skull fracture with osteomyelitis of the bone fragments.  He was transferred to the 249th General Hospital in Japan; a craniectomy was performed and he was transferred to William Beaumont General Hospital, El Paso, Texas, for further care and recuperation.

The applicant recovered and was reassigned to Fort Polk, Louisiana, where he served as a drill instructor until he was honorably discharged on 13 January 1968.  He had 3 years of creditable active Federal service and no lost time.

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.

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.  During Vietnam, Army Regulation 600-8-22 provided, in pertinent part, that the Combat Infantryman Badge would be awarded to infantry officers and to enlisted and warrant officer persons who had 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, 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 indicate that he was injured as a result of an accident when he was struck in the head by the recoil of his cannon.  There is no evidence that he was under enemy attack or that he was shot by a sniper.

3.  The applicant was a cannoneer with Military Occupational Specialty (MOS) 13A10.  He was not an infantryman and not entitled to the CIB.

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

      TDH          LLS            MDM    DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012763	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990106	
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.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.