MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 November 2001                  
	DOCKET NUMBER:   AR2001061809

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 award of the Purple Heart and the Combat Infantryman Badge that he earned for service in Vietnam.  He also requests issuance of a DD Form 256 (Honorable Discharge Certificate) which is, in effect, a request for upgrade of his general discharge to an honorable discharge.

APPLICANT STATES:  That he was wounded during August 1967 while a member of Task Force Green which was attached to the 101st Airborne Division. He states that he was medically evacuated to the 48th Medical Detachment for treatment.  He contends that he earned the Purple Heart and the Combat Infantryman Badge but was never officially acknowledged or recorded by the U.S. Army.  In support of his application, he submits a copy of an e-mail from a fellow soldier who was a medic with the 48th Medical Detachment and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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

The applicant initially enlisted in the Regular Army on 10 October 1963, completed basic and advanced individual training and was discharged on 16 December 1964.  He enlisted again on 23 March 1967 for a period of three years.  He served in Vietnam twice and served five months in Germany.  The applicant was released from active duty on 12 March 1970.

The applicant’s personnel records contain two DD Forms 214.  His discharge document, which covers his service in Vietnam, does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

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 or medical records available to the Board which show 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).

There are no orders in the applicant’s records which show he was awarded the Combat Infantryman Badge.  His DA Form 20 (Enlisted Qualification Record) shows he held an infantry military occupational specialty (MOS) 11B.  The applicant’s personnel records contain an Article 15, Uniform Code of Military Justice, dated 16 July 1967, which shows he was assigned to the 226th Supply and Service Company during his first tour in Vietnam.  There is no evidence of record which shows he served in an infantry position and was attached to an infantry unit in combat.  

The Board noted the applicant’s request for a DD Form 256 (Honorable Discharge Certificate); however, his DD Form 214 shows he was released from active duty with a general under honorable conditions discharge.  There is no evidence that his DD Form 214 incorrectly shows issuance of a General Discharge Certificate.

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.

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.

Army Regulation 635-200, then in effect, prescribed policies and procedures for the separation of enlisted personnel.  Chapters 1 and 2, in effect, provided the guidance for determining characterization for term of service.  Upon completion of enlistment, a general discharge was authorized if an individual’s military record was not sufficiently meritorious to warrant an honorable discharge.

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.  The Board considered the applicant’s contention that he was wounded in August 1967 while a member of Task Force Green with the 101st Airborne Division and was medically evacuated to the 48th Medical Detachment for treatment.  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.  

2.  The Board reviewed the statements from the fellow soldier in support of the applicant's claim for award of the Purple Heart.  However, absent any other corroborating evidence of record, these statements alone, are not sufficient as the basis for award of the Purple Heart.

3.  Evidence of record shows that the applicant was awarded an infantry MOS; however, he did not serve in an infantry position nor was he assigned to an infantry unit during active ground combat.  Therefore, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Vietnam and there is no basis for award of the Combat Infantryman Badge now.

4.  Evidence of record shows the applicant was separated from active duty on 12 March 1970 with a general discharge.  He has provided no evidence that this discharge is incorrect, improper or unjust.  Therefore, he is not entitled to the issuance of an Honorable Discharge Certificate.

5.  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.

6.  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

FNE_____  BJE_____  KYF_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061809	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011108	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19700312	
DISCHARGE AUTHORITY	AR635-200,chapter 5	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.