PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            9 March 2000      
	DOCKET NUMBER:   AR1999029743

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, two awards of the Purple Heart (which is correctly known as the Purple Heart (First Oak Leaf Cluster), the Air Medal and the Bronze Star Medal.  He also requests that military occupational specialty (MOS) 11B (infantry) be shown on his DD Form 214. 

3.  The applicant states, in effect, that his DD Form 214 is incomplete and does not list all of his medals or MOS 11B.  

4.  The applicant’s military records show that he was inducted on 5 May 1966.  He served in Vietnam from 2 May 1967 through 20 April 1968 and was honorably discharged on 25 April 1968.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge, any awards of the Purple Heart, the Air Medal or the Bronze Star Medal as authorized awards.  Item 23a (Specialty Number & Title) of the DD Form 214 shows “11E40 ARM CRWMN” [armor crewman].

6.  The applicant’s personnel records show that he was awarded MOS 16D (hawk missile crewman) upon completion of advanced individual training on
15 September 1966.  Orders, dated 16 December 1966, shows the applicant was awarded primary MOS 11E (armor crewman) and secondary MOS 16D, primary MOS 16D was withdrawn.  The applicant’s records contain orders, dated 
20 December 1967, which show that he was promoted to specialist four while assigned to Company A, 4th Battalion, 47th Infantry in MOS 11B20 (infantry) in Vietnam.  His records also contain orders, dated 1 February 1968, which show he was promoted to sergeant while assigned to Company A, 4th Battalion,
47th Infantry in MOS 11B40 (infantry) in Vietnam.  However, there are no orders in his personnel records which shows the applicant was awarded MOS 11B.    

7.  There is no evidence in the applicant’s personnel records that 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 the DA Form 20 does not show entitlement to the Purple Heart.

8.  The applicant’s separation medical examination conducted on 25 April 1968 makes no mention of any injuries or wounds sustained as a result of hostile action.

9.  There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.
10.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Bronze Star Medal.

11.  Headquarters 9th Infantry Division General Orders Number 2512, dated 
17 April 1968, shows the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 5 August 1967 to 17 April 1968.  This award is not shown on the applicant’s DD Form 214.

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 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

16.  Army Regulation 635-5 established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that the primary MOS and all additional MOS served for a period of one year or more, during soldier’s continuous active military service will be entered in item 23a (Specialty Number & Title).   

CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the Combat Infantryman Badge is supported by the evidence of record.  The applicant’s records show that he 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 award of the Combat Infantryman Badge and correction of his records to show this badge.

2.  Although the applicant contends that he is entitled to two awards of the Purple Heart, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action.  

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to any award of the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart or Purple Heart (First Oak Leaf Cluster).

4.  The applicant is not entitled to the Air Medal because there is no evidence of records that he was recommended for, awarded, or otherwise qualified for this decoration.  

5.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal.  Therefore, he is not entitled to award of the Bronze Star Medal. 

6.  The Board noted the applicant’s contention that MOS 11B is not shown on his DD Form 214.  Although the applicant’s records show that he served in MOS 11B during his assignment in Vietnam, there is no evidence available to the Board which shows the applicant served in MOS 11B for one year or more.  Therefore, in accordance with the governing regulation, the applicant is not entitled to correction of his military records to show MOS 11B.  

7.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his military records to show this award. 

8.  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 individual concerned was awarded the Combat Infantryman Badge and the Army Commendation Medal. 

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

BOARD VOTE:  

JH_____  TDH_____  CJS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		         June Hajjar
		        CHAIRPERSON

INDEX

CASE ID	AR1999029743	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680425	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation from overseas	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0015	
3.	107.0018	
4.	107.0014	
5.	100.0500	
6.