PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             3 February 2000                 
	DOCKET NUMBER:    AR1999028006

	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. Margaret K. Patterson 		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ernest W. Lutz, Jr.		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 Purple Heart and the Combat Infantryman Badge.

3.  The applicant states that he was wounded in a mine explosion in Vietnam.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and clinical records.

4.  The applicant’s military records show that he was inducted on 18 October 1968.  He served as an infantry mortar crewman in Vietnam from 16 May 1969 through 22 May 1970 and was honorably discharged on 23 May 1970.    

5.  The applicant’s DD Form 214 does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

6.  The applicant’s personnel records contain U.S. Total Army Personnel Command Permanent Order 140-06, dated 20 May 1999, which shows the applicant was awarded the Purple Heart for wounds received as a result of hostile actions on 15 September 1969.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued on
29 June 1999 amending the applicant’s DD Form 214 to show award of the Purple Heart.  Therefore, this portion of the applicant’s request for award of the Purple Heart will not be discussed further in the proceedings.   

7.  Headquarters US Army Training Center, Infantry and Fort Polk Special Orders Number 083, dated 9 April 1969, shows the applicant was awarded military occupational specialty (MOS) 11C (infantry mortar crewman).  The applicant’s personnel records contain orders which show that he was assigned to Company E, 2d Battalion (Airmobile), 501st  Infantry of the 101st Airborne Division and served in MOS 11C during his assignment in Vietnam.  

8.  Headquarters 101st Airborne Division (Airmobile) General Orders Number 1367, dated 12 November 1969, shows the applicant was awarded the Army Commendation Medal for meritorious achievement for the period 1 June 1969 to 31 October 1969.  This award is not shown on the applicant’s DD Form 214. 

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.

CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded an infantry MOS and served in an infantry MOS while an assigned member of an infantry company in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his military records to show this award.   

2.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his military records to show this award.

3.  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 Combat Infantryman Badge and the Army Commendation Medal.

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

BOARD VOTE:  

MKP_____  BJE____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999028006	
SUFFIX		
RECON		
DATE BOARDED	20000203	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700523	
DISCHARGE AUTHORITY	AR 635-200 Section VII	
DISCHARGE REASON	Overseas returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.