PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 June 2000                  
	DOCKET NUMBER:   AR2000035183

	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.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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 that the entry “JIB” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show the entry “CIB” [Combat Infantryman Badge].  He also requests award of the Purple Heart.   

3.  The applicant states, in effect, that some clerk typed the wrong letter on his DD Form 214 and that “JIB” should be “CIB”.  He also contends that he has shrapnel in his legs from a hand grenade and he would like to receive the Purple Heart for this injury.  He contends that when the hand grenade blew up his legs he lied to protect the soldier that was lax in his duties.  In support of his application, he submits a copy of his DD Form 214. 

4.  The applicant’s military records show that he was inducted on 21 August 1967.  He served as a light weapons infantryman in Vietnam from 1 April 1968 through 31 March 1969 and was honorably discharged on 1 April 1969.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) on the applicant’s DD Form 214 shows the entry “JIB”.  His DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  

6.  Army Regulation 600-8-22 (Military Awards) does not list an authorized award with an acronym “JIB”.   

7.  The applicant’s personnel records contain a copy of Headquarters
173D Airborne Brigade Special Orders Number 238, dated 25 August 1968, which shows the applicant was awarded the Combat Infantryman Badge.

8.  There is no evidence in the applicant’s records which shows 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.   

9.  Standard Form 600 (Chronological Record of Medical Care), dated
11 October 1968, shows “Pt [patient] received some small frags [fragments] R [right] leg in blasting cap accident today.”  There is no evidence that this injury was the result of hostile action. 

10.  Headquarters The Student Brigade, USAIS Special Orders Number 
50, dated 28 February 1968, shows the applicant was awarded the Parachutist Badge.  This badge is not shown on the applicant’s discharge document.

11.  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.

CONCLUSIONS:

1.  The applicant’s contention that the entry “JIB” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 should be “CIB” is supported by the evidence of record.  There is no authorized award with an acronym “JIB” listed in Army Regulation 600-8-22 (Military Award) and his records show he was awarded the CIB on 25 August 1968.  Therefore, it would be appropriate to correct his military records at this time.  

2.  The Board noted the applicant’s contention that he has shrapnel in his legs from a hand grenade.  However, medical evidence of record shows the applicant received fragments in his right leg from a blasting cap accident on 11 October 1968 in Vietnam. 

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart. 

4.  The applicant was awarded the Parachutist Badge; therefore, he is entitled to correction of his military records to show this award.

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:

	a.  by deleting the entry “JIB” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and 

	b.  by adding the entries “CIB” and “Parachutist Badge” in item 24 on his DD Form 214.

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

BOARD VOTE:  

JHL_____  JNL_____  MHM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2000035183	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690401	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0015	
3.	107.0120	
4.		
5.		
6.