PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  20 March 2001
	DOCKET NUMBER:  AR2000049186

	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			
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Raymond J. Wagner		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the
Combat Infantryman Badge and the Purple Heart.

3.  The applicant states that he served in Vietnam from 19 September 1971 to 23 April 1972 and was in combat 80 percent of the time in and around Qui Nhon and Phu Bai, Vietnam.  He also states that he was involved in many search and destroy missions from 6 to 30 days each, had direct contact with the North Vietnam Army and the Viet Cong enemy, encountered booby traps, sniper fire, grenades, rockets and mortar attacks.  He further states that many friends were killed in action (KIA) during enemy fire and that he was wounded by mortar round shrapnel in Qui Nhon.  In support of his application he submits a copy of his DD Form 214 and a copy of his comprehensive military history worksheet for the Veterans Administration.

4.  The applicant’s military records show that he was inducted on 16 March 1971 as a light weapons infantryman (11B).  He served in Vietnam from 19 September 1971 to 23 April 1972 and was honorably discharged on 25 April 1972.

5.  His discharge document does not show the Combat Infantryman Badge or the Purple Heart as authorized awards.

6.  There are no orders in the applicant’s personnel records which show that he was awarded the Combat Infantryman Badge.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman (11B) in an infantry company in combat during his service in Vietnam.

7.  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).

8.  The applicant’s records contain a copy of Headquarters, US Army Training Center, Infantry and Fort Polk Special Orders Number 156, dated 8 June 1971, which awarded the applicant the Sharpshooter Qualification Badge with Rifle Bar.

9.  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.

10.  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.

CONCLUSIONS:

1.  The evidence of record shows the applicant served as a light weapons infantryman (11B) in an infantry company in combat while serving in Vietnam.  Therefore, he is entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

2.  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.

3.  The evidence of record shows he was awarded the Sharpshooter Qualification Badge with Rifle.  Therefore, he is entitled to correction of his records to show this award.

4.  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 for the individual concerned be corrected by showing that he was awarded the 
Combat Infantryman Badge and the Sharpshooter Qualification Badge with Rifle Bar.

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

BOARD VOTE:  

__fe___  __wp____  __rw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2000049186	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010320	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720425	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  157		
3.  		
4.  		
5.		
6.