PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            23 February 2000  
	DOCKET NUMBER:    AR1999028926

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Raymond J. Wagner		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, the Purple Heart and the Army Commendation Medal.

3.  The applicant states, in effect, that he is a combat wounded veteran and he never received the awards.  He contends that he was wounded in late 1967, that he was recommended for the Army Commendation Medal and he is entitled to the Combat Infantryman Badge because his military occupational specialty (MOS) was 11B (infantry).  In support of his application, he submits two letters of explanation; a copy of his DD Form 214 (Report of Transfer or Discharge); information on the 3d Squadron, 4th Cavalry and Mackenzie’s Raiders; an excerpt from Army Regulation 600-8-22 (Military Awards) pertaining to the Combat Infantryman Badge; photographs depicting scenes in Vietnam; an award certificate for conspicuous service; and three newspaper articles pertaining to the war in Vietnam.     

4.  The applicant’s military records show that he was inducted on 13 June 1966.  He served as a light weapons infantryman in Vietnam from 21 March 1967 to
6 March 1968 and was honorably discharged on 10 September 1968.  

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge, the Purple Heart or the Army Commendation Medal as authorized awards.

6.  The applicant’s records show that he was assigned to D Troop, 3d Squadron, 4th Cavalry, 25th Infantry Division in MOS 11B (infantry) during his assignment in Vietnam. 

7.  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) does not show entitlement to the Purple Heart.

8.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Army Commendation Medal.

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.

11.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry MOS in an infantry platoon in a cavalry squadron in combat in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this award.    

2.  Although the applicant contends that he was wounded in late 1967, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded as a result of hostile action in Vietnam.  Therefore, he is not entitled to correction of his military records to show award of the Purple Heart. 

3.  Notwithstanding the applicant’s contention that he was recommended for the Army Commendation Medal, 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 Army Commendation Medal.  Therefore, he is not entitled to correction of his military records to show this award.

4.  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.

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

BOARD VOTE:  

RVO____  EB______  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999028926	
SUFFIX		
RECON		
DATE BOARDED	20000223	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680910	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0015	
3.	107.0020	
4.		
5.		
6.