MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:                   24 August 2000
	DOCKET NUMBER:          AR2000043589

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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, correction of his records to show that he was awarded the Purple Heart and the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he was wounded while assigned to C Company, 1st of the 7th Cavalry located at Ankhe in Vietnam in October 1965.  He also states that he was assigned to an infantry unit working as an infantry soldier when he was wounded.  He further states that he was wounded by fragments from incoming mortar and was evacuated to Long Binh.

EVIDENCE OF RECORD:  The applicant's military records show he initially enlisted in the USAR on 10 June 1956 and was released from active duty on 7 December 1956.  After a break in service, he enlisted in the Regular Army on 28 July 1964 as a food service specialist (94B) and continued to serve through a series of continuous reenlistments until he was honorably discharged on 3 May 1979.

He served in Vietnam from 23 October 1965 to 29 September 1966 and from 18 June 1967 to 17 June 1968.

The applicant’s DD Form 214 for the period 28 July 1964 to 4 May 1967 is unavailable for review.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

There is no indication in the available records, which show that he was awarded an infantry MOS, that he served in an infantry duty position or that he was awarded the CIB.  Records show the applicant served as a food service specialist (94B) in an engineer company while serving in Vietnam.

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.

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.

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.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.  The applicant was not awarded an infantry military occupational specialty.  He did not serve in an infantry unit or infantry position in combat during his assignment in Vietnam.  Therefore, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Vietnam and there is no basis for award of the Combat Infantryman Badge to him now.  

3.  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 this requirement.

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:

GDP____  CLG____  ALR_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000043589	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000824	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19790503	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  157		
2.  61		
3.		
4.		
5.		
6.