MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 April 2000                  
	DOCKET NUMBER:   AR1999030999

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Curtis L. Greenway		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:  In effect, correction of his military records to show award of the Combat Infantryman Badge (CIB), an additional award of the Purple Heart and military occupational specialty (MOS) 11B4Y (pathfinder). 

APPLICANT STATES:  That he was discharged without records.  He contends, in effect, that his DD Form 215 (Correction to DD Form 214) does not show the CIB, two awards of the Purple Heart or MOS 11B4Y.  He also contends that his DA Form 20 (Enlisted Qualification Record) clearly shows that he served in MOS 11B4Y (pathfinder), that he was wounded and sent to the hospital at Camp Zama, Japan, and that his MOS says he must have a CIB for combat.   

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

The applicant enlisted on 4 September 1963 for a period of 3 years.  He trained as a light weapons infantryman and was honorably discharged on 25 October 1965 for immediate reenlistment.  He reenlisted on 26 October 1965 for a period of 4 years.  The applicant served as a light weapons infantryman in Vietnam from 10 July 1966 through 19 November 1967 and was honorably discharged on
3 June 1970. 

The applicant’s DD Form 214 with an effective date of 3 June 1970 does not show the CIB as an authorized award.  His DD Form 214 does show one award of the Purple Heart and MOS 11B20 (light weapons infantryman).    

A DD Form 215 (Correction to DD Form 214) was issued on 14 June 1972 amending the applicant’s DD Form 214 with an effective date of 3 June 1970 to show the CIB and MOS 11B2P (light weapons infantryman).  Therefore, this portion of the applicant’s request for award of the CIB will not be discussed further in the Memorandum of Consideration.

The applicant’s personnel records contain orders for the Purple Heart for wounds sustained on 29 September 1967 in Vietnam.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows one entry for a gunshot wound (left buttocks) on 29 September 1967.  There is no evidence in the applicant’s records which shows that he was injured or wounded a second time as a result of hostile action.

Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was a patient at the U.S. Army Hospital in Camp Zama, Japan, from 16 October 1966 through 14 January 1967.  His records also contain an unidentified form which indicates that he was treated at Camp Zama, Japan, for a back injury and malaria from October 1966 to January 1967.  However, there is no evidence that this injury or condition were the result of hostile action.

The applicant’s personnel records show that he completed advanced individual training as an infantry mechanic in November 1963.  While assigned in Germany he was awarded MOS 11B2P effective 21 October 1965.  His DA Form 20 (Enlisted Qualification Record) shows that he served as a pathfinder from 
15 March 1967 to 29 October 1967, a period of 7 months.  His DA Form 20 also shows that he was subsequently assigned in duty MOS 11B4P and in duty MOS 76Y3P (armorer).   

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.

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).   

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 awarded the Purple Heart for a gunshot wound sustained on 29 September 1967 in Vietnam.

2.  The Board noted the applicant’s contention that he should be awarded an additional award of the Purple Heart for being wounded and hospitalized at Camp Zama, Japan.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was hospitalized for injuries or treated for wounds sustained as a result of hostile action.  Evidence of record shows that the applicant was treated for a back injury and malaria at the U.S. Army Hospital in Camp Zama, Japan, from October 1966 to January 1967.  Therefore, he is not entitled to an additional award of the Purple Heart.     

3.  The Board noted the applicant’s contention that MOS 11B4Y (pathfinder) should be shown on his DD Form 214.  However, evidence of record shows that he served in MOS 11B4Y for only 7 months during his assignment in Vietnam, not for a period of 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 11B4Y.  
4.  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.

5.  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

SK______  KAK____  CLG____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030999	
SUFFIX		
RECON		
DATE BOARDED	20000426	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700603	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0015	
3.	100.0500	
4.		
5.		
6.