MEMORANDUM OF CONSIDERATION

	

	BOARD DATE:            6 May 1999 
	DOCKET NUMBER:   AR1999022502

	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	
	Mr. Wyman N. Bailey		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. Ernest W. Luitz, Jr.		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 issued the Bronze Star Medal (BSM), the Army Commendation Medal (ARCOM), three Purple Hearts (PH), the Vietnam Service Medal (VSM), the Vietnam Campaign Medal (VCM), the National Defense Service Medal (NDSM), and the Combat Infantryman Badge (CIB).   

APPLICANT STATES:  In effect, that he served with the 7th Engineer Battalion, 1st Brigade, 5th Infantry Division in the Republic of Vietnam (RVN).  While serving in the RVN he claims he was wounded and sent to the 95th Evacuation Hospital in Da Nang, then sent to the Long Beach Naval Hospital, Long Beach, California, and subsequently assigned to the Medical Holding Company, Fort MacAuthur, San Pedro, California, until his release from active duty.  When he left the RVN he did not have his military personnel records, and he believes he should have been issued the above-mentioned awards and a completed affidavit at Fort MacArthur attesting to his authorization of certain awards.  He states that he and his entire squad operated and served on occasions as infantrymen and were informed by their platoon sergeant that the entire squad would be awarded the CIB.  He further states that he was informed by his platoon leader that he would be recommended for the award of the ARCOM for his extrication of six deceased soldiers from a minefield and that he is entitled to three Purple Hearts.  Included with his application are statements from the applicant referring to his award of the CIB, ARCOM, and three Purple Hearts.  He also submits paper copies of photos, and two statements from comrade’s attesting to the applicant’s service in the RVN. The applicant further states that he included additional documentation from the Department of Veterans Affairs (VA) but those documents none were not enclosed with his application.   

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

He enlisted in the Regular Army for a period of 3 years, on 20 October 1969.  He completed basic and advanced individual training in Military Occupational Specialty 12A10 (Combat Engineer).  

He was assigned to Company A, 7th Engineer Battalion, 1st Infantry Brigade, 5th Infantry Division on 19 November 1970.   

The applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against hostile forces on General Order Number 1296, dated 9 July 1971, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division and shows dates of service for this award for the applicant were November 1970 to August 1971.    

VA Form 29-8286 (Serviceman’s Group Life Insurance Election) shows that the applicant was assigned to the US Army Medical Holding Detachment, Fort MacArthur, California, on 16 March 1972.   

Special Order Number 83, dated 27 April 1972, issued by Headquarters, Fort MacArthur, San Pedro, California, shows the applicant was being processed for separation under the early release program.  His last permanent duty station was the 1st Infantry Brigade, 5th Infantry Division, and that the effective date of his release from active duty was to be 1 May 1972.   

The affidavit signed by the applicant on 1 May 1972, attesting to authorization of decorations and medals shows that to the best of the applicant’s knowledge, and belief that he was entitled to the award of the BSM, the ACOM Medal, the PH, the Vietnam Service Medal, the Vietnam Campaign Medal, the Expert Badge (rifle M-14), and the Expert Badge (rifle M-16).   

The applicant was released from active duty and transferred to the USAR Control Group (Annual Training) on 1 May 1972   

The two statements submitted on behalf of the applicant appear to be copies of the same statements signed separately by each individual but not dated.  The statements state indicate that the applicant served with combat infantry units, and include the words “I learned that, as a result of the two operations and because the line platoons had been operating under an 11 Bravo MOS, that they had qualified for the Combat Infantryman Badge”. The applicant’s comrades state that they knew the applicant had gone into a minefield during a night ambush to retrieve at least six bodies of infantrymen who had wandered into the minefield.  

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that special provisions existed for soldiers who served in Vietnam.  Soldiers who served as advisors to infantry or infantry-type regimental or smaller size units of the Vietnamese government during any period such unit was engaged in actual ground combat were eligible for the Combat Infantryman Badge.  

This same regulation further provides, in pertinent part, that to be eligible for the Combat Infantryman Badge, an individual must be an infantryman with an infantry military occupational specialty and must perform primary 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.  The applicant served in operations with infantry units during his service in the RVN, in the MOS of a Combat Engineer and not that of an infantryman MOS 11B00. Operating with an infantry unit outside of an Infantry MOS does not qualify a soldier for the award of the CIB.  

2.  There is nothing in the applicant’s records that indicates that he or his squad was recommended nor were orders published authorizing the award of the CIB.  

3.  The statements submitted on behalf of the applicant substantiate his assignment to an infantry unit serving as a Combat Engineer, but not as an infantryman.  

4.  The statements do show that the applicant was seriously injured, requiring him to be hospitalized.  This information along with the documentation showing his assignment to the Medical Holding Company, Fort MacArthur, would tend to indicate to this Board that he would be entitled to the award of the Purple Heart shown on his DD Form 214 issued to him on 1 May 1971.   

5.  However, there is insufficient information in the applicant’s military records, and the statements submitted on behalf of the applicant, offer nothing that would explain the circumstances surrounding the applicant’s entitlement to the award of two additional Purple Hearts.   

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.

NOTE:  The Army Review Boards Agency, ARBA, Support Division, St. Louis, Missouri, will be requested to prepare a DA Form 1577 issuing the applicant the awards and decoration shown on the DD Form 214 issued to him on 1 May 1971. 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__CJS__  ___FNE__  __EWL__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022502	
SUFFIX		
RECON		
DATE BOARDED	19990506	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	46	
2.		
3.		
4.		
5.		
6.		

SFMR-RBR - 1st End    (6 May 99, Docket Number AR1999022502)
SUBJECT:  ABCMR Memorandum of Consideration

HQDA, ABCMR, Arlington, Virginia  22202-4508                4 Jun 99
 
TO:  US Army Review Boards Agency Support Division - St. Louis 
	ATTN:  SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri  	63132-5200

1.  The application submitted by the individual concerned has been denied by the Army Board for Correction of Military Records.

2.  Prior to closing out the case, please refer to any Note contained in the Determination portion of the Board's Memorandum of Consideration, and take such administrative action as may be contained therein.

Encls						Loren G. Harrell  
						Director

CF:
(   ) OMPF
(   ) SFMR