PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 February 2001   
	DOCKET NUMBER:   AR2000048071

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show the Combat Infantryman Badge, the Purple Heart and the Air Medal.

3.  The applicant states that he was originally a combat engineer but he put in for a transfer to the infantry.  This transfer was granted and his military occupational specialty (MOS) was changed to 11B (infantryman).  He contends that he served in combat on numerous occasions and was wounded in action.  He goes on to state that he would like his Purple Heart added to his DD Form 214 instead of a DD Form 215 (Correction to DD Form 214).  He further states that he was recently awarded an Air Medal and would like this medal shown on his discharge document too.  In support of his application, he submits a copy of his request for transfer to an infantry assignment dated 22 February 1967; a favorable recommendation on his request for transfer dated 28 February 1967; orders, dated 8 July 1967, which show his MOS as 11B10; a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) issued on
9 December 1988; a DD Form 214 with an effective date of 10 January 1968; a DD Form 1577 (Authorization for Issuance of Awards) dated June 1999; a letter from the applicant to a Member of Congress dated 14 September 2000; a letter, dated 13 October 2000, from the Review Boards Agency in St. Louis, Missouri to a Member of Congress; a letter, dated 6 October 2000, from U.S. Army Reserve Personnel Command in St. Louis, Missouri to a Member of Congress; a letter, dated 15 September 2000, from a Member of Congress to the U.S. Army Reserve Personnel Command in St. Louis, Missouri; a Congressional Release Form dated 12 September 2000; and a Request Pertaining to Military Records dated 12 September 2000.        

4.  The applicant’s military records show that he was inducted on 11 January 1966.  He served as a pioneer (an engineer military occupational specialty) and infantryman in Vietnam from 12 July 1966 through 11 July 1967 and was honorably released on 10 January 1968. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge, the Purple Heart or the Air Medal as authorized awards.

6.  The applicant was awarded MOS 12A (pioneer) effective 19 May 1966.  

7.  DA Form 1049 (Personnel Action), dated 22 February 1967, shows the applicant requested an infantry assignment and transfer to the 25th Infantry Division.  The applicant’s request for transfer was approved by the Commanding General, USARV [U.S. Army Vietnam] on 25 March 1967 with special instructions for reassignment to the 25th Infantry Division and for duty and training in 11B (infantry).  Orders show the applicant was reassigned to 

Headquarters, 25th Infantry Division on 6 April 1967.  Orders, dated 14 April 1967, show the applicant was assigned to Headquarters & Headquarters Company, 4th Battalion, 9th Infantry for duty in MOS 11B (infantry).  Records show the applicant was wounded in action in June 1967.  The applicant’s separation orders from Vietnam, dated 8 July 1967, show his MOS as 11B.     

8.  A DD Form 215 (Correction to DD Form 214) issued on 9 December 1988 amended the applicant’s DD Form 214 with an effective date of 10 January 1968 to show award of the Purple Heart.      

9.  The applicant provided a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated June 1999, which shows the National Personnel Records Center in St. Louis, Missouri, determined that the applicant was eligible for the Air Medal.  However, the applicant’s records do not contain any evidence that he was recommended for or awarded the Air Medal.  There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for award of the Air Medal.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it states that a DD Form 214 will not be reissued unless directed by proper appellate authority, unless it is determined that required corrections will not fit within the space on a single DD Form 215 (Correction to DD Form 214), unless two DD Forms 215 have already been issued and another correction is required or unless the character of service is changed.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry MOS in an infantry battalion in combat in Vietnam.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his military records to show this badge. 

2.  The Board considered the applicant’s request that his award of the Purple Heart be shown on his DD Form 214 instead of a DD Form 215 (Correction to DD Form 214).  However, in accordance with the governing regulation, a DD Form 214 will not be reissued unless directed by proper appellate authority, unless it is determined that required corrections will not fit within the space on a single DD Form 215, unless two DD Forms 215 have already been issued and another correction is required or unless the character of service is changed.  In the applicant’s case, there is no space problem and two DD Forms 215 have not already been issued.  Therefore, there is no basis for granting the applicant’s request.

3.  The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the National Personnel Records center and dated June 1999.  This document shows that the Chief of the Army Reference Branch of the National Personnel Records Center determined that applicant was entitled to the Air Medal which is not shown on the applicant’s DD Form 214.

4.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Air Medal.  There are no flight hours recorded in his personnel records and there is no evidence that he met the qualifications for award of the Air Medal.  Therefore, the applicant was not eligible for award of the Air Medal at the time of his service in Vietnam and there is no basis for award of the Air Medal to him now.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

JHL____  GDP____  DPH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000048071	
SUFFIX		
RECON		
DATE BOARDED	20010208	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680110	
DISCHARGE AUTHORITY	AR 635-200  Chapter 2	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0015	
3.	107.0018	
4.		
5.		
6.