MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 October 2000
	DOCKET NUMBER:   AR2000046312

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr Elzey J. Arledge, Jr.		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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:  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal with “V” Device, the Combat Infantryman Badge, and the Purple Heart.

APPLICANT STATES:  That he was awarded the Bronze Star Medal with “V” Device which was not put on his records.  He also states on his application that he was not awarded the Combat Infantryman Badge or the Purple Heart because of an oversight on personnel’s part and someone either forgot or just did not put it on his records.

The applicant submitted an addendum to his application.  He stated that he was assigned to the 9th Infantry Division in Vietnam and was ultimately assigned to the 5th Battalion, 60th Infantry, as a platoon sergeant.  The applicant described operations in Cambodia on or about 1 May 1970 and the actions of his platoon leader in attacking a force of North Vietnamese soldiers.  The applicant contends that he was “shot (not bad) in the left leg” during this action.  He also contends that he was hospitalized twice in Vietnam “with combat related illness” and was awarded the Bronze Star Medal with “V” Device after he returned to the United States.  The applicant concluded that he did not know why the Combat Infantryman Badge, the Purple Heart and the Bronze Star Medal with “V” Device were not put on his records.

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

That the applicant entered active duty on 28 March 1952 and served in an enlisted status until he retired as a sergeant first class (pay grade E-7) on 31 July 1973. 

The applicant’s Official Military Personnel File (OMPF) appears complete and is in good order.  His OMPF contains six DD Forms 214 covering all service from 28 March 1952 through 31 July 1973.  

The DD Form 214 with a date of entry of 30 April 1967 and an effective date of 30 March 1972 covers the period of the applicant’s service in Vietnam which occurred from 6 April 1970 through 16 March 1971.

The DD Form 214 with an effective date of 30 March 1972 is authenticated in the applicant’s own hand and shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entries:  NDSM 1ST OLC [National Defense Service Medal with First Oak Leaf Cluster]; GCMDL [Good Conduct Medal]; VSM [Vietnam Service Medal]; BSM 1ST OLC [Bronze Star Medal with First Oak Leaf Cluster]; VCM w/60 Device [Vietnam Campaign Medal with 1960 Device]; and ARCOM [Army Commendation Medal].  

The Bronze Star Medal with “V” Device, the Combat Infantryman Badge, and the Purple Heart are not shown on any of the applicant’s DD Forms 214. 

There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal with “V” Device, the Combat Infantryman Badge, or the Purple Heart.  

The applicant’s DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal with “V” Device or the Combat Infantryman Badge in item 41 (Awards and Decorations).

There is no evidence in the applicant’s 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).

The applicant’s DA Form 20 shows that he was assigned to the 5th Battalion, 60th Infantry, on 1 May 1970 as a Platoon Sergeant and that, effective 20 July 1970, he was assigned to Company A of the 99th Combat Service Support Battalion, but attached to the 6th Convalescent Center as a Liaison Non Commissioned Officer (NCO).  An Enlisted Evaluation Report shows that, effective June 1970, the applicant’s duty military occupational specialty was “71L40” [administrative specialist] and contains the following rater comments:  “This NCO has performed all the duties as a hospital liaison NCO in an outstanding manner and has at all times given his full assistance to the needs of the men.”

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  This regulation also provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Paragraph 8-6 specifically states that a recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  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.

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 which shows that the applicant was recommended for or awarded the Bronze Star Medal with “V” Device.  The Board noted the applicant’s statement that he was presented the Bronze Star Medal with "V“ Device after his return to the United States.  At the time of this presentation, the applicant received orders and a certificate documenting this award, copies of which should have been submitted with his application to the Board.  The applicant also authenticated two DD Forms 214 after his assignment in Vietnam attesting to the fact that he was not entitled to the Bronze Star Medal with “V” Device.  In the absence of any evidence of award of the Bronze Star Medal with “V” Device to the applicant, he is not entitled to correction of his records to show this decoration.

2.  The applicant’s OMPF does not contain orders which entitle him to award of the Combat Infantryman Badge.  The applicant’s statement in the addendum to his application that he was in a combat action and was wounded is not sufficient as a basis for award of the Combat Infantryman Badge, particularly in view of the evidence that he was assigned administrative duties at 6th Convalescent Center as a liaison NCO in June 1970.  The Board also noted that the applicant authenticated two DD Forms 214 after his assignment in Vietnam attesting to the fact that he was not entitled to the Combat Infantryman Badge.  Therefore, in  the absence of evidence that the applicant received the Combat Infantryman Badge or was personally present and under hostile fire while serving in an assigned infantry primary duty in a unit engaged in ground combat, the applicant is not entitled to correction of his records to show award of the Combat Infantryman Badge.

3.  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 correction of his records to show award of the Purple Heart.

4.  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.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__EJA___  __ALR__  ___BFH__  DENY APPLICATION

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

INDEX

CASE ID	AR2000046312	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001031	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19730731	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	RETIREMENT	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.000.000	
2.		
3.		
4.		
5.		
6.