MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 February 2001 
	DOCKET NUMBER:   AR2000049691

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Melvin H. Meyer		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:  That he be awarded the Combat Infantryman Badge (CIB) and the Purple Heart.

APPLICANT STATES:  That he was injured in March 1972 while serving in Vietnam when a mortar fell and a piece of shrapnel hit him in the left hand.  He goes on to state that he served as a convoy driver and helicopter door gunner while in Vietnam and that he was asked at the time if he wanted a Purple Heart for his wound.  In support of his application he submits a page from a medical record that contains no name or identification number.

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

He enlisted in Columbus, Ohio on 16 April 1971 for a period of 2 years.  He successfully completed his training and was transferred to Vietnam on 4 September 1971 for duty as a clerk typist.

His record of assignments shows that he served as a clerk-typist with the 201st Aviation Company until he departed Vietnam on 30 April 1972 and was transferred to Fort Monroe as a clerk-typist.

He applied for early release to accept employment in a service station in Circleville, Ohio and his request was approved on 15 January 1973.

On 5 February 1973 he was honorably released from active duty under the provisions of Army Regulation 635-200, paragraph 5-31, to accept employment.  He had served 1 year, 9 months and 20 days of total active service and was transferred to the United States Army Reserve Control Group (Annual Training).

His report of separation (DD Form 214) and the available records show that he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Campaign Medal.

A review of his record fails to indicate that he was wounded as a result of enemy action.

The supporting medical document that the applicant submits with his application indicates that the individual being treated was treated for a cut to the left thumb on 14 March 1972 and that the wound looked good.  It was also noted he was seen on 18 March 1972, that his wound was bandaged and he was advised to return on Monday.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

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.  The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while engaged in ground combat against the enemy. Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.

3.  The evidence of record also fails to clearly show that the applicant was wounded/injured as a result of enemy action.  Therefore, it also appears that he is not entitled to be awarded the Purple Heart.

4.  Although the applicant has provided documents indicating that medical treatment was rendered for a cut to the left hand, it does not identify the applicant as the individual being treated nor does it provide any indication that the injury/wound was the result of enemy action.

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

___mkp__  __fe____  ___mm__  DENY APPLICATION

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

INDEX

CASE ID	AR2000049691	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.  61	107.0015/PH	
3.		
4.		
5.		
6.