MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            15 December 1999  
	DOCKET NUMBER:    AR1999028769

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Mark D. Manning		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 17 December 1968 to show three awards of the Purple Heart (correctly known as the Purple Heart with two Oak Leaf Clusters), the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). 

APPLICANT STATES:  In effect, that he was discharged on temporary records from Vietnam and the Army hospital and that his final DD Form 214 does not indicate the aforementioned awards.  He contends that there is no indication of any injuries in his file and that the VA is using partial records for his treatment.  In support of his application, he submits a letter wherein he states he sustained shrapnel wounds in December 1965 and sustained a gunshot wounds in July 1966 and June 1967.   

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

The applicant was inducted on 27 April 1962.  He served as a parts specialist in Germany from September 1962 to 12 April 1964 and was honorably discharged on 16 April 1964.  He enlisted on 27 December 1965 for a period of 3 years.  He served as a parts supply specialist in Vietnam from 28 December 1965 to
10 June 1967.  Between 10 April 1968 and 11 December 1968, nonjudicial punishment was imposed against the applicant on three occasions and he was convicted by a special court-martial.  On 17 December 1968 the applicant was separated with an under honorable conditions (general) discharge under the provisions of Army Regulation 635-200, for expiration of term of service.  Records show the applicant was separated on temporary records.

The applicant’s DD Form 214 with an effective date of 17 December 1968, which was authenticated in his own hand, does not show any award of the Purple Heart, the CIB or the BSM as authorized awards.

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item
41 (Awards and Decorations) of the DA Form 20 does not show entitlement to the Purple Heart. 

There are no orders for the CIB contained in the applicant’s records.  His records show he was assigned to Company B, 1st S&T Battalion, 1st Infantry Division in military occupational specialty (MOS) 774.10 (quartermaster parts specialist) and MOS 76Q (parts supply specialist) during his assignment in Vietnam. 

There is no evidence in the applicant’s records that he was recommended for or awarded the BSM.

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

Army Regulation 600-8-22 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.

Army Regulation 600-8-22 provides, in pertinent part, that 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.  

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.  The Board noted the applicant’s contention that he sustained three injuries during his assignment in Vietnam.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds sustained by hostile action in Vietnam. 

2.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to any award of the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart with two Oak Leaf Clusters. 

3.  Although the applicant contends that he is entitled to the CIB, evidence of record shows the applicant served in MOS 774.10 (quartermaster parts specialist) and MOS 76Q40 (parts supply specialist) during his assignment in Vietnam.

4.  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 award of the CIB.
 
5.  Contrary to the applicant’s contention that he is entitled to the BSM, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the BSM.  Therefore, he is not entitled to correction of his military records to show this award.         

6.  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.

7.  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

TNK____  EB______  MDM____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028769	
SUFFIX		
RECON		
DATE BOARDED	19991215	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19681217	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration of term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.	107.0014	
4.		
5.		
6.