PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 December 2001   
	DOCKET NUMBER:   AR2001063053

	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:

	Ms. Joann Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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 Combat Infantryman Badge and the Purple Heart.  He also requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to reflect his correct Social Security Account Number (SSAN).

3.  The applicant states that he was never awarded the Combat Infantryman Badge or the Purple Heart.  He also contends that his SSAN is incorrect on his DD Form 214 and that the ninth digit should be “5” instead of “4”.  In support of his application, he submits a copy of his DD Form 214 and a copy of his SSAN card.  Information was also provided by a Member of Congress in support of a request for expeditious processing of this application.

4.  The applicant’s military records show that he was inducted on 4 May 1965.  He served as a military policeman and light weapons infantryman in Vietnam from 12 March 1966 through 7 March 1967 and was honorably released on 
7 March 1967.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge or the Purple Heart as authorized awards.  Item 3 (Social Security Number) on his DD Form 214 shows the ninth digit as “4”.   

6.  The applicant’s records show that he was assigned to Headquarters and Headquarters Company, 1st Cavalry Division in military occupational specialty (MOS) 95B (military policeman) and MOS 11B (light weapons infantryman) during his assignment in Vietnam.

7.  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 in Vietnam.

8.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

9.  Evidence of record shows that on 7 March 1967 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

10.  The applicant’s DD Form 47 (Record of Induction) only shows a service number.  However, the applicant’s DD Form 398 (Statement of Personal History), dated 4 September 1965, shows the ninth digit of his SSAN is “5”.

11.  The applicant provided a copy of his SSAN card which shows the ninth digit of his SSAN is “5”.
12.  Army Regulation 600-8-22 (Military Awards) 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 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.  Evidence of record shows the applicant was awarded an infantry MOS.  However, there is no evidence of record available to the Board which shows the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, the applicant is not eligible for award of the Combat Infantryman Badge.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds sustained as a result of hostile action in Vietnam.  The Board also noted that the applicant signed his discharge document on 7 March 1967 at the time of his separation from active duty attesting to the fact that he was not entitled to award of the Purple Heart.  It is clear to the Board that the preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to the Purple Heart.  Based on the foregoing, the Board determined that the evidence of record does not support award of the Purple Heart in this case.

3.  The applicant’s SSAN was incorrectly entered on his DD Form 214, in that, the ninth digit was incorrectly entered as a “4” instead of “5”.  Therefore, his DD Form 214 should be corrected at this time.   

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 be corrected by showing that the ninth digit of the SSAN of the individual concerned is a “5” in item 3 (Social Security Number) on his DD Form 214.
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

JL______  MKP___  ENA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Joann Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001063053	
SUFFIX		
RECON		
DATE BOARDED	20011204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0015	
3.	100.0000	
4.		
5.		
6.