MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            9 May 2002                  
	DOCKET NUMBER:   AR2001065995

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston 		Chairperson	
	Mr. John N. Slone 		Member	
	Ms. Terry L. Placek		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 entitlement to award of the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

APPLICANT STATES: That the award of the CIB was not made in 1967 and that the Department of Veterans Affairs (VA) awarded him a disability rating based on Post Traumatic Stress Syndrome (PTSD).  He provides a partial VA Rating Decision which shows service-connection for post-traumatic stress disorder, hemorrhoidectomy, left knee chondromalacia, right knee medial meniscus tear and left ear high frequency hearing loss and his diary extract sent to the VA concerning operations in Vietnam.

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

On 20 April 1981, the applicant reenlisted in the Army after serving for 23 years and 13 days on active duty.  During his entire service, he served in Transportation military occupational specialties (MOS) (progressively from 640, Light Vehicle Driver to 64Z, Transportation Senior Sergeant).

During the periods 23 December 1966 to 22 December 1967 and 21 January 1971 to 11 January 1972, he served in Vietnam.

On 31 October 1981, he was honorably separated and on 1 November 1981, transferred to the retired reserve.  His separation document indicates he had    23 years, 6 months and 24 days of creditable service.  He was entitled to award of the Bronze Star Medal (Meritorious Service), the Army Commendation Medal with 1 bronze oak leaf cluster, the Meritorious Service Medal with 2 bronze oak leaf clusters, the Good Conduct Medal (6th award), the Overseas Service Ribbon, the Army Service Ribbon, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Vietnam Service Medal.

The Board notes the applicant is entitled to award of the Army Service Ribbon (ASR), based on his active duty between 1 August 1981 and 31 October 1981. 

Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.  There is nothing in the VA Rating Decision showing the applicant was wounded in action and qualifies for award of the PH.

Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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 600-8-22 shows that the ASR was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before         1 August 1981 provided they had an Active Army status on or after 1 August 1981.

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 that the applicant received any wounds as a result of hostile action or otherwise met the qualifications for award of the PH.

2.  An award of a VA rating does not establish entitlement to award of the PH.

3.  The evidence of record clearly shows the applicant was not qualified for or awarded the CIB, since his MOS has consistently been transportation.

4.  The Board notes the applicant is entitled to award of the ASR and his record should be corrected accordingly.

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.

NOTE:  The Army Review Boards Agency Support Division will be requested to take appropriate action to insure award of the ASR is included on his separation document.

BOARD VOTE:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

_jhl_____  _tlp____  _jns____      DENY APPLICATION

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

INDEX

CASE ID	AR2001065995	
SUFFIX		
RECON		
DATE BOARDED	20020509	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.