MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 June 2000       
	DOCKET NUMBER:   AR1999033970

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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:  Award of the Purple Heart and the Combat Infantryman Badge.

APPLICANT STATES:  In effect, that he sustained a combat wound in January 1967 in Vietnam and that he served as a radio telephone operator in field operations during his second assignment in Vietnam.  In support of his application, he submits an attachment to his application; a letter he sent to the VA, dated 16 September 1991; VA documentation, dated 22 November 1996; a VA Rating Decision, dated 20 November 1996; three eyewitness statements attesting that the applicant was wounded in action in January 1967 in Vietnam; two statements provided by fellow soldiers attesting that the applicant served as a radio telephone operator during field operations in Vietnam; 24 photographs depicting scenes of soldiers during wartime; DA Form 1577 (Authorization for Issuance of Awards), dated 11 July 1988; Standard Form 180 (Request Pertaining to Military Records), dated 2 November 1997; and a photograph of the front and back side of NA Form 13063 (National Personnel Records Center Acknowledgement/Referral) postmarked on 2 December 1997.   

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

The applicant enlisted on 30 September 1965 for a period of 3 years.  He served two tours of duty in Vietnam and was honorably discharged on 3 September 1968.  

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

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. 

The applicant provided a VA Rating Decision, dated 20 November 1996, which shows he was rated zero percent for a scar on his left forehead.  This decision also states “Service medical records do not show the veteran was injured in combat or at anytime during service.  DD 214 does not show the veteran received a Purple Heart.  The veteran’s 201 File does not show a Purple Heart either.”    

The applicant also provided three eyewitness statements (dated 1990, 1989 and one undated) from fellow soldiers attesting that the applicant was wounded in action in January 1967.  These statements do not indicate the location of the claimed wound. 
There are no orders for the Combat Infantryman Badge contained in the applicant’s records.  His records show he was assigned to Headquarters and Service Battery, 3d Battalion, 319th Artillery in military occupational specialty (MOS) 36A (switchboard operator) from 10 April 1966 through 3 April 1967 during his first tour of duty in Vietnam.  His records also show he was assigned to Headquarters and Headquarters Company, 2d Battalion (Airborne),
505th Infantry in MOS 36K (field wireman) from 15 February 1968 through
21 June 1968 during his second assignment in Vietnam. 

Army Regulation 600-8-22 (Military Awards) 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.  A bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:

1.  The Board notes the three eyewitness statements submitted on behalf of the applicant.  However these statements made over 22 years after the fact are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.

2.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart. 

3.  There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action in January 1967 in Vietnam.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart. 

4.  Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows he served in MOS 36A (switchboard operator) and MOS 36K (field wireman) during his assignments in Vietnam.

5.  There is no evidence of record the applicant served as a radio telephone operator in an infantry company in combat.  There also is no evidence that he 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, the applicant is not entitled to award of the Combat Infantryman Badge.

6.  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.

7.  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

EB______  JHK____  BJE____  DENY APPLICATION

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

INDEX

CASE ID	AR1999033970	
SUFFIX		
RECON		
DATE BOARDED	20000613	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680903	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation to attend school	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.