PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 October 2001    
	DOCKET NUMBER:   AR2001057813

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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 award of the Purple Heart and a second award of the Combat Infantryman Badge.

3.  The applicant states that he was moving out on a task force and the Purple Heart was given to him along with papers.  He also contends that he served in Vietnam during the TET Offensive in 1968.  In support of his application, he submits a copy of his retirement DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 November 1970.

4.  The applicant’s military records show he entered active duty on 28 September 1950 and remained on active duty through continuous reenlistments until he retired on 30 November 1970 in the rank of platoon sergeant/pay grade E-7. 

5.  The available records contain two DD Forms 214, one discharge document covers the period 2 September 1958 through 1 September 1964 and his retirement DD Form 214 covers the period 2 September 1964 through 
30 November 1970.   

6.  The available DD Forms 214, which were authenticated in his own hand, do not show the Purple Heart or any award of the Combat Infantryman Badge as authorized awards.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 with an effective date of 1 September 1964 shows the entry “N/A” [not applicable].

7.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.

9.  The available records contain a copy of 27th Infantry Special Orders Number 131, dated 11 June 1951, which show the applicant was awarded the Combat Infantryman Badge during the Korean Conflict.

10.  There are no orders for a second award of the Combat Infantryman Badge in the available records.  However, evidence of record shows the applicant was awarded primary military occupational specialty (MOS) 11B (infantry) effective 
11 October 1967.  He was assigned to Company B, 1st Battalion, 508th Infantry in MOS 11B (platoon sergeant) from 29 June 1968 through 30 November 1968.  Records also show the applicant was assigned to the U.S. Army Advisory Group IV Corps in duty MOS 11C (heavy weapons infantryman) from 1 December 1968 through 8 June 1969 in Vietnam. 
11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  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.

13.  Army Regulation 600-8-22 also states:  “To date, a separate award of the CIB has been authorized for qualified soldiers in any of three conflicts:  World War II (7 December 1941 to 3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict.  Service in the Republic of Vietnam conflict (after 1 March 1961) combined with qualifying service in Laos (19 April 1961 to 6 October 1962), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the DMZ (after 4 January 1969), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991) is recognized by one award only regardless of whether a soldier had served one or multiple tours in any or all or these areas.”

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he was given the Purple Heart along with papers.  However, 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.

2.  The applicant received the first award of the Combat Infantryman Badge in 1951 during the Korean Conflict.

3.  Evidence of record shows that the applicant served in an infantry duty position in an infantry unit of regimental or smaller size in combat in Vietnam.  Therefore, the applicant is entitled to a second award of the Combat Infantryman Badge and correction of his military records to show these awards.

4.  In view of the foregoing findings and conclusion, 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 second award of the Combat Infantryman Badge.

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

BOARD VOTE:  

FNE____  MHM___  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057813	
SUFFIX		
RECON		
DATE BOARDED	20011018	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.