MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 November 2000                   
	DOCKET NUMBER:   AR2000042956

	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. Carl W. S. Chun		Director	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch, Jr.		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:  In effect, that he be awarded the Combat Infantryman Badge (CIB) and the Purple Heart (PH).

APPLICANT STATES:  In effect, that he should have received the CIB and the PH awards.  He was assigned to the 7th Battalion, 15th Artillery Unit as a Combat Field Medic he was reassigned to the 6th Battalion, 16th Artillery.  He was wounded in February 1968.  He further states in effect, that he earned these awards and he needs them to support his Veterans claim.

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

On 26 June 1967, the applicant enlisted in the Regular Army for a period of 
3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 91A (Medical Corpsman).  The highest pay grade he achieved was pay grade E-3.

He served in the Republic of Vietnam (RVN) from December 1967 to March 1968.  He was assigned to Headquarters, 7th Battalion, 15th Artillery as a Medical Aidman and as an Station Aid Attendant.  

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was in a patient status at the 7th Field Hospital, Irumagwa, Japan in March 1968.  The DA Form 20, item 42, noted that the applicant was evacuated to Walter Reed Medical Center, Washington, DC due to a non-combat injury.  The applicant received two broken legs from an accidental explosion in the trench.  His medical records pertaining to his injury are not available to the Board.

On 8 April 1969, the applicant was honorably discharged.  He completed
1 year, 9 months and 12 days of creditable active service.  He was awarded the National Defense Service Medal and the Republic of Vietnam Service Medal.  His Armed Forces of the United States Report of Transfer or Discharge DD Form 214, does not show the CIB or the PH awards. 

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to Army infantry or special forces officers in the grade of colonel or below, or to Army enlisted soldiers or warrant officers with an 
infantry or special forces military occupational specialty who, subsequent to 
6 December 1941, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental or smaller size during any period such unit was engaged in active ground combat.  Battle participation credit alone is not sufficient.  The unit must have been in active ground combat with the enemy during the period.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the board, it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The records available to the Board indicated that the applicant did not meet the regulatory requirements for award of the CIB.

3.  There is no evidence, nor has the applicant provided any evidence, which shows that he was wounded due to hostile action.  The evidence available to the Board shows that the applicant’s injury was non-combat related.  Therefore, the applicant is not entitled to the award of the PH.

4.  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

__jlp___  __bjl___  __owt___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000042956	
SUFFIX		
RECON		
DATE BOARDED	20001109	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0015	
3.		
4.		
5.		
6.