MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 September 2002
	DOCKET NUMBER:   AR2002074886

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge 		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Karen A. Heinz		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:  Correction of his records to show award of the Purple Heart and the Combat Infantryman Badge.

APPLICANT STATES:  That he was wounded in Vietnam and participated in combat action.  In support of his application, he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a psychology report.

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

The applicant was inducted in the Army on 13 October 1966.  He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in Vietnam from 14 June 1967 through 13 July 1968 and was honorably released from active duty on 16 July 1968.  His DD Form 214 does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  The applicant's name is not listed on the Vietnam Casualty Roster.

The applicant provided a copy of a psychology report, dated 5 April 2001, which indicates that, "he was wounded twice but does not know whether he got Purple Hearts or not."  

The applicant’s service personnel records contain a Report of Medical History and a Report of Medical Examination prepared on 16 July 1968.  Neither of these documents make reference to wounds sustained in combat or show wounds or injuries consistent with those received as a result of hostile action.

Records show the applicant held an infantry MOS 11B and was assigned to an aviation company as a gunner during his tour in Vietnam.  

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.

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, it is concluded:

1.  The Board considered the applicant's contention that he was wounded in Vietnam and participated in combat action.  However, there are no military records which show that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.

2.  Evidence of record shows the applicant served in an aviation unit while he was assigned in Vietnam, not an infantry unit in Vietnam.  Therefore, there is no basis for granting him award of the Combat Infantryman Badge.

3.  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 this requirement.

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

EJA____  TBR_____  KAH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002074886	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020917	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.