MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           13 February 2001
	DOCKET NUMBER:    AR2000044083

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Harry B. Oberg		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 award of the Combat Infantry Badge (CIB) and by inference the Purple Heart.

APPLICANT STATES:  In effect, that while he was assigned to the Republic of Vietnam (RVN) between 1968 and 1969, he fought in combat against enemy forces in various locations and he believes that he should be awarded the CIB or an equivalent award.  The applicant also states in a letter written in his behalf by his wife that he received a shrapnel wound to his head while serving in the RVN. 

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

That he was inducted into the Army of the United States on 16 March 1967.  He completed basic and advanced individual training and was awarded military occupational specialties (MOS) 36K (Wireman).  He served in the RVN from 
28 January 1968-17 January 1969. 

Evidence of record shows that the applicant was assigned to Battery A,
3rd Battalion, 13th Artillery, 25th Infantry Division while he was assigned in the RVN.  Further, the available records show that he performed the duties associated with MOS 36K until he returned to the United States and was separated.

On 23 January 1969, he received an early honorable release from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve.

Further, the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), item 24 (Awards) shows that he was authorized award of the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, and the RVN Campaign Medal.  

Evidence of record does not show that the applicant was awarded the CIB, nor do the available records show that he was wounded or treated for wounds as a result of hostile action.

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.

For Vietnam service, one overseas service bar is authorized for each period of 
6 months of active Federal service as a member of the U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar. 

In accordance with Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), the applicant’s unit was awarded the Meritorious Unit Citation by Headquarters, Department of the Army General Orders Number 36, dated 1970.  

Headquarters, Department of the Army General Orders Number 51, dated 1971, awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation.  

Headquarters, Department of the Army General Orders Number 8, dated 1974, also awarded his unit the Vietnam Gallantry Cross with Palm Unit Citation.  

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, 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.

2.  There is no evidence of record that shows that the applicant served in an infantry MOS in operations against enemy forces while assigned or attached to an infantry unit while in the RVN.  Therefore, the applicant has provided no probative evidence to establish a basis for award of the CIB.  There is no equivalent award for soldiers serving in combat operations in the applicant’s MOS.

3.  There is no available evidence which shows that the applicant was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.  

4.  However, he is entitled to have his DD Form 214 administratively corrected to show that he was awarded the Meritorious Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, the Vietnam Gallantry Cross with Palm Unit Citation and two Overseas Service Bars.

5.  In view of the foregoing, there is no basis for granting the applicant’s request for award of the CIB or a Purple Heart. 

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Request that the Army Review Boards Agency, Support Division, St. Louis furnish the individual concerned a DD Form 215, (Correction to DD Form 214) to show in Item 24 that he was awarded the Meritorious Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, the Vietnam Gallantry Cross with Palm Unit Citation and two Overseas Service Bars.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jh____  __slp____  __hbo ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044083	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690123	
DISCHARGE AUTHORITY	AR635-200   	
DISCHARGE REASON	A92.03	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.9203	
2.		
3.		
4.		
5.		
6.