MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 April 2000
	DOCKET NUMBER:   AR1999033356

	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. Jessie B. Strickland		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:  That he be awarded a Combat Infantryman Badge (CIB) and the Purple Heart (PH).

APPLICANT STATES:  In effect, that he served as an infantryman in Vietnam, was medically evacuated to a hospital in Japan and is entitled to awards of the CIB and PH.  In support of his application he submits copies of his medical and personnel qualification records obtained from the Department of Veterans Affairs (also known as the VA).

COUNSEL CONTENDS:  That the applicant is claiming entitlement to the CIB and PH for his service in combat as an infantryman and the wound he received in Vietnam and requests that the Board resolve any error or injustice involved in this case. 

EVIDENCE OF RECORD:  The applicant's military records were unavailable for review by the Board.  However, the records provided by the applicant show:

He enlisted on 26 February 1968 and was awarded the military occupational specialty (MOS) of a light weapons infantryman (11B).  He served in Vietnam from 5 April 1969 to 12 June 1969 (2 months) and did not receive tour completion for that tour. 

He was promoted to the pay grade of E-5 on 21 May 1970 and reenlisted for training as a supply specialist on 30 June 1970.  He was transferred back to Vietnam on 31 August 1971 for duty as a supply specialist and served in a supply and service battalion, a military police company, and a band.  Upon completion of his tour he was transferred to a hospital at Fort Bragg, North Carolina. 

He served at Fort Bragg and then at Fort Benning, Georgia and was not favorably considered for award of the Good Conduct Medal on 10 October 1972. He also accumulated 78 days of lost time before he was honorably released from active duty on 14 January 1974 under the provisions of Army Regulation        635-200, paragraph 5-33, due to early separation of personnel denied reenlistment under the Qualitative Management Program.  He had served           5 years and 11 months of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Expert Marksmanship Badge with M16 Rifle bar, two overseas service bars, and one service stripe. 

A review of the available medical records failed to reveal that the applicant was ever treated for a wound or injury that was the result of action against the enemy. The treatments documented in the records provided by the applicant are of a routine nature and are not combat related. 

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

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.  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.

2.  The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while engaged in ground combat against the enemy. Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.

3. The evidence of record fails to clearly show that the applicant was wounded/injured as a result of enemy action.  Therefore, he is not entitled to be awarded the Purple Heart.

4.  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	AR1999033356	
SUFFIX		
RECON		
DATE BOARDED	2000/04/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61 	107.0015/PH	
2.  157 	107.0111/CIB	
3.		
4.		
5.		
6.