MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             11 January 2001
	DOCKET NUMBER:    AR2000044424

	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. Antoinette Farley		Analyst	

The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman		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, the applicant requests correction of his records to show award of the Combat Infantryman Badge (CIB) and two awards of the Purple Heart.

APPLICANT STATES:  That he was attached to an Infantry unit for combat operations in the Republic of Vietnam (RVN) and was part of the mine detector operations around “Cu Chi”.  He therefore feels that his records should be corrected to show he earned the CIB.  He submits a copy of letter from the Lawrence County Veterans Service Commission, requesting two awards of the Purple Heart and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer).
EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army of the United States on 1 September 1965.  Upon completion of all required military training, he was awarded military occupational specialty (MOS) 12B (Combat Engineer).  He was then transferred to the RVN, and served there from 16 January 1966 to 26 January 1967.  At the end of his tour in the RVN, he received a letter of appreciation undated, from the Commander, 65th Engineer Battalion.  The letter notes that the applicant served “as a Combat Construction Specialist”.  His commander recognized his contribution in helping to get the job done in the RVN from 23 January 1966 to 25 January 1967.  He then returned to the United States and was assigned to Fort Hood, Texas, where he performed duties as a Heavy Truck Driver and a Personnel Carrier Driver.  

On 31 August 1967, the applicant was separated from active duty under the provisions of Army Regulation AR 635-200 section VI, chapter 2, by reason of Expiration of Term of Service, with an honorable discharge.  He had completed a total of 2 years of creditable active service.  His pay grade at the time of separation was pay grade E-4.  He was then transferred to the United States Army Reserve (USAR) for completion of his 6-year service obligation.  He remained in the USAR and was honorably discharged on 31 August 1971.

The applicant’s DD Form 214, (Armed Forces of the United States Report of Transfer) Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) completed at the time of separation, shows the award of the National Defense Service Medal; the Vietnam Service Medal with 2 bronze service stars; the RVN Campaign Medal w/60 device; and the Marksman Badge with Rifle Bar. 

Evidence of record does not show that the applicant was authorized award of the CIB or two awards of the Purple Heart.  Further, while his medical record are not available, there are no entries on his DA Form 20 (Enlisted Qualification Record)
item 40 (Wounds) which shows he received any combat related injuries while in the RVN.

His record also contains a copy of a DA Form 1577 worksheet (Authorization for Issuance of Awards) dated 8 March 1990, which shows that he was entitled to award of the National Defense Service Medal; the Vietnam Service Medal with 
2 bronze service stars, the RVN Campaign Ribbon w/60 device, and the Marksman Badge with Rifle Bar.  

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.

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.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 13 March 1966 through 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows that the applicant’s unit was entitled to award of the RVN Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 by Department of the Army General Orders Number 48, dated 1971.

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, in this case, has failed to submit evidence that would satisfy these requirements.

2.  There is no evidence that he was ever awarded an Infantry MOS or was assigned to an Infantry company.  Rather, his records show that he was assigned to an Engineer unit for duties in MOS 12B while in the RVN.

3.  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.  Therefore, the applicant is not entitled to the award of the two Purple Hearts.

4.  The Board notes that he is entitled to award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. The Army Review Board (ARBA) Support Division will be requested to make this correction.

5.  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.

NOTE:  Request that the ARBA Support Division, St. Louis furnish the individual concerned a DD Form 215, (Correction to DD Form 214) to correct item 24 of his DD Form 214 to show that he is entitled to awards of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__emw__  __amc___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044424	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19670901	
DISCHARGE AUTHORITY	AR635-200, SEC VI, CH 2 	
REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.