MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            19 May 1999                             
	DOCKET NUMBER:   AR1999025791

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Roger W. Able		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 DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB), the Purple Heart and that his rank indicate E-4, instead of E-3.    

APPLICANT STATES:  That the information was left off of his DD Form 214 and his rank was entered incorrectly.

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

The applicant enlisted on 14 August 1969 for a period of 3 years.  He successfully completed training and was transferred to Germany for duty as a military policeman, military occupational specialty (MOS) 95B20.  He served in Vietnam as a military policeman from 5 March 1971 to 3 January 1972.  On
4 January 1972, the applicant was separated in the grade of E-3 with a general discharge under the provisions of Army Regulation 635-212 for unsuitability.

The applicant’s DD Form 214, which he authenticated in his own hand, does not show the CIB or the Purple Heart as authorized awards.  Item 5b (Pay Grade) of the DD Form 214 shows “E-3”.  

There are no orders in the applicant’s personnel records which show that he was awarded the CIB.

Orders show the applicant was assigned to the 2d Security Guard Company in Vietnam in MOS 95B20 on 9 March 1971.  Orders also show he was assigned to the HHD 10th Transportation Battalion in Vietnam in MOS 95B20 on 
25 September 1971.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that the applicant’s duty MOS in the 2d Security Guard Company and the HHD 10th Transportation Battalion from 5 March 1971 through 3 January 1972 was 95B20. 

There is no evidence in the applicant’s records that shows he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the Purple Heart. 

The applicant’s personnel records contain orders, dated 21 December 1971, which shows he was reduced to private first class (E-3) by reason of misconduct effective 13 December 1971, which was only three weeks prior to his discharge from the Army.

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 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.

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.  Evidence of record shows the applicant was trained in and awarded MOS 95B20; and he also served in MOS 95B20 while in Vietnam.

2.  There is no evidence that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, he is not entitled to award of the CIB.

3.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action in Vietnam.  Therefore, he is not entitled to award of the Purple Heart.   

4.  The Board noted the applicant’s contention that his rank at the time of his discharge was E-4, not E-3.  However, the evidence of record shows the applicant was reduced to pay grade E-3 effective 13 December 1971 as a result of misconduct and there is no evidence he was promoted to E-4 prior to his discharge on 4 January 1972.  Therefore, the applicant’s rank is accurately reflected on his DD Form 214.

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 the aforementioned 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

JNS_____  RGH____  RWA____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025791	
SUFFIX		
RECON		
DATE BOARDED	19990519	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19720104	
DISCHARGE AUTHORITY	AR 635-212   	
DISCHARGE REASON	UNSUITABILITY	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.	129	
3.		
4.		
5.		
6.