PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 April 2000                  
	DOCKET NUMBER:   AR1999026419

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		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 award of the Combat Infantryman Badge and an additional award of the Purple Heart. 

3.  The applicant provided two applications.  He states, in effect, that he earned the Combat Infantryman Badge because he served in military occupational specialty (MOS) 11E (armor crewman) in the “Mech” infantry for 1 year and
9 months in combat in Vietnam.  He also contends that he was wounded on two separate occasions in June 1968 in Vietnam and only received one award of the Purple Heart.  In support of his applications, he submits two letters of explanation, orders for the Purple Heart for wounds sustained on 28 June 1968 and a copy of his DD Form 214 (Report of Transfer or Discharge).  

4.  The applicant’s military records show that he was inducted on 11 October 1966.  He served as an armor crewman in Vietnam from 1 September 1967 through 29 August 1968 and was honorably discharged on 31 August 1968.

5.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award. His DD Form 214 does show one award of the Purple Heart. 

6.  The applicant’s personnel records show he was assigned to HHC, 
1st Battalion, 50th Infantry, 1st Cavalry Division and B Company, 2nd Battalion, 
34th Armor in Vietnam in MOS 11E (armor crewman) during his assignment in Vietnam. 

7.  The applicant’s personnel records contain a copy of Headquarters 
25th Infantry Division General Orders Number 4748, dated 1 July 1968, which shows he was awarded the Purple Heart for wounds sustained on 28 June 1968.

8.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows two entries.  The first entry, dated 5 June 1968, shows the applicant sustained multiple fragment wounds to his body.  The second entry, dated 28 June 1968, shows the applicant sustained a fragment wound to his left buttock.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.

10.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in MOS 11E (armor crewman) during his assignment in Vietnam.  

2.  There is no evidence that the applicant was ever awarded an infantry MOS; served in an infantry MOS; or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, he is not entitled to correction of his military records to show award of the Combat Infantryman Badge. 

3.  The applicant’s DD Form 214 shows one award of the Purple Heart. 

4.  Evidence of record shows the applicant was wounded as a result of hostile action on 5 June 1968 and 28 June 1968 in Vietnam.  Therefore, he is entitled to correction of his military records to show two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster). 

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

BOARD VOTE:  

EB______  TAP____  KLW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elizabeth Buchanon___
		        CHAIRPERSON

INDEX

CASE ID	AR1999026419	
SUFFIX		
RECON		
DATE BOARDED	20000427	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680831	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5 	
DISCHARGE REASON	Oversea Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0015	
3.		
4.		
5.		
6.