MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  27 March 2001
	DOCKET NUMBER:  AR2000051064

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Allen L. Raub		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 his records be corrected to show that he is entitled to three awards of the Bronze Star Medal (BSM with 2 oak leaf clusters), the Pathfinder Badge, the Vietnamese Parachute Badge, the Combat Infantryman Badge (CIB), the Senior and Master Parachute Badges, the Purple Heart, the Good Conduct Medal, and the Expert Marksmanship Badge with machinegun and pistol bars.  He also requests that his records reflect that his Military Occupational Specialty (MOS) be changed to 11B (infantryman).  The applicant’s records contain a copy of the award order for the Good Conduct Medal and this will be administratively corrected in his records.

APPLICANT STATES:  That he was not a vehicle repairman and that he was awarded the Purple Heart on 27 October 1969.  He submits copies of his DD Form 214 (Report of Transfer or Discharge), an individual sick slip, three copies of the award certificate and citation for the BSM, photographs from Vietnam, a newspaper article, and Department of Veterans Affairs (DVA) rating decisions in support of his application.

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

He was inducted and entered active duty on 23 April 1968.  Effective 29 June 1968, he was assigned to Fort Bragg as a wheeled vehicle mechanic, MOS 63B. Effective 20 June 1969, he was assigned to a supply and service company in Vietnam as a vehicle repairman, MOS 63B.  On 20 October 1969, orders were issued which reassigned the applicant to the 101st Airborne Division in MOS 63B. On 22 October 1969, the reassignment orders were revoked.  On 5 February 1970, orders were issued which reassigned the applicant from the supply and service company as a vehicle repairman, MOS 63B, to the transfer point for return to the United States.

General Order Number 618, dated 23 March 1970, awarded the BSM to the applicant for the period June 1969 to April 1970, while a member of a supply and service company.  General Order Number 660, dated 28 March 1970, awarded the BSM to the applicant for the period June 1969 to April 1970, while a member of a supply and service company.  This order is a duplicate of General Order Number 618, dated 23 March 1970.  There are no additional orders for the BSM in the available record.

Special Orders Number 97, dated 7 April 1970, relieved the applicant from active duty and transferred him to the USAR.  His MOS is shown as 63B and his associated branch as quartermaster.  The applicant’s DD Form 214 shows his branch as ordinance, and his MOS and title as 63B, wheeled vehicle repairman.  His authorized awards include the Parachutist Badge, one award of the BSM, and the Expert Marksmanship Badge with rifle bar.  The Purple Heart and the Good Conduct Medal are not listed as authorized awards nor are the CIB or Pathfinder Badge.  General Order Number 805, dated 11 April 1970, awarded the applicant the Good Conduct Medal.

The applicant’s DA Form 20 (Qualification Record) shows that the only MOS he was awarded was 63B, wheeled vehicle mechanic, effective 16 July 1968.  The only principal duty assignments for his service in Vietnam shown on the form are as a mechanic, MOS 63B, in a supply and service company.  Block 40 (Wounds) of the form is blank.  Block 41 (Awards) shows one award of the BSM, the basic Parachutist Badge, the Expert Marksmanship Badge with rifle bar, and no award of the Purple Heart, the CIB, or the Pathfinder Badge.

The applicant provided a copy of a chronological record of medical care, dated 27 January 1969, which was prior to his assignment to Vietnam.  A sick slip, dated 27 October 1969, shows that he was assigned to a supply and service company and placed on a 10 day limited duty profile with no exposure to loud noises or weapons firing.  There is no mention of a wound or injury as a result of enemy action.  Entries for 29 and 30 March 1970, on a chronological record of medical care, shows that he was treated for headaches and diarrhea.  There are no other clinical reports, casualty reports, or medical evaluations in the available record that show he was injured or wounded as a result of enemy action.

The applicant provides three copies of BSM certificates and accompanying citations.  All three are for meritorious service for the period June 1969 to April 1970, and issued by the same commander.  One of the certificates is dated 23 March 1970 and the other two are dated 28 March 1970.

The applicant provides photographs that he states are pictures of him performing infantry duties as a machine gunner on a truck.  The vehicle has his name and the word “Gunner” stenciled on the left side.  In the picture that he explains shows his award of the Pathfinder Badge on his uniform is another truck immediately behind his. The marking on the vehicle shows that it belongs to a supply and service company of a support battalion, not an infantry company.

The newspaper article provided by the applicant is dated 3 November 1969 and discusses events in Vietnam for the previous week.  Neither the applicant nor his unit of assignment are mentioned.  It does mention that two artillery bases of his brigade were attacked.  It makes no mention of American casualties.

The 16 June 1999 DVA rating decisions provided by the applicant shows that he was found to have post concussion syndrome rated at 10 percent.  A 2 August 1999 DVA rating decision shows that he was found to have post-traumatic stress disorder rated at 30 percent.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

According to the awards regulation the Senior and Master Parachutist Badges are awarded based on a minimum qualification of 24 to 36 months on jump status with an airborne unit who participated in a minimum of 30 to 65 jumps respectively and is a graduate of the Jumpmaster Course.

The awards regulation also provides the eligibility criteria and award authority for the Pathfinder Badge.  It provides that the Commandant, U. S. Army Infantry School is the award authority based on successful completion of the Pathfinder Course conducted by that school.

Army Regulation 600-8-22 further provides that formal recommendations and approval through the chain of command are required for all decorations.  All awards, except basic marksmanship badges, must be announced or published in general or permanent orders.  In actual practice even basic marksmanship qualifications are announced in unit orders.  It also provides that only one decoration will be awarded to an individual for the same period of meritorious service.

Army Regulation 600-8-22 also provides the policy for acceptance and wear of foreign awards by U. S. soldiers.  Commanders in the rank of brigadier general or higher are delegated authority to approve the acceptance and wear of foreign decorations.  Valid justifications for wear of foreign badges include copies of the orders and citations that awarded them the badge.

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, or evidence provided by the applicant, that he was awarded, entitled to, or qualified for two additional awards of the BSM, the Purple Heart, the CIB, the Expert Marksmanship Badge with machinegun and pistol bars, the Pathfinder Badge, the Senior and Master Parachutist Badges, or the Vietnamese Parachutist Badge.

2.  Notwithstanding the contentions of the applicant and the evidence he submits, the available record clearly shows that he was trained and assigned as a wheeled vehicle mechanic throughout his active duty career and during his assignment to Vietnam.  There is no basis for an award of MOS 11B, infantryman.

3.  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.

4.  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:  The Army Review Boards Agency Support Division will be requested to administratively correct the applicant’s records to show that he was awarded the Good Conduct Medal as reflected on General Order Number 805, dated 11 April 1970.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ra___  ___gw____  __ar___  DENY APPLICATION

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

INDEX

CASE ID	AR2000051064	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.