PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                23 February 2000
	DOCKET NUMBER:        AR1999029300

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon
Mr. Raymond J. Wagner		Member
Member	

	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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he 
was awarded the Combat Infantryman Badge (CIB) and the Purple Heart.

3.  The applicant states that he was wounded in combat. 

4.  The applicant’s military records show he was inducted on 4 September 1968 as a light weapons infantryman (11B).  He served in Vietnam from 15 March 1969 to 7 April 1970 and was honorably discharged on 10 April 1970.

5.  His discharge document does not show the Combat Infantryman Badge or the
Purple Heart as authorized awards.

6.  Headquarters, 4th Infantry Division Special Orders Number 165, dated 14 June 1969, awarded the applicant the Combat Infantryman Badge.

7.  There is no entry for a wound sustained in combat recorded in item 
40 (Wounds) and no entry for award of the Purple Heart recorded in item 
41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record).

8.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

9.  Headquarters, 4th Infantry Division General Orders Number 797, dated 6 February 1970, awarded the applicant the Army Commendation Medal for meritorious service from March 1969 to March 1970.

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 records.

CONCLUSIONS:

1.  The applicant was awarded the Combat Infantryman Badge and the Army Commendation Medal.  Therefore, he is entitled to correction of his records to show these awards.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during his service in Vietnam.  Therefore, he is not entitled to correction of his military records to show the Purple Heart.

3.  In view of the foregoing findings and conclusion, 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:  

RVO____  EB______  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999029300	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000223	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700410	
DISCHARGE AUTHORITY	AR  635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 157 		
2  61		
3.		
4.		
5.		
6.