MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 September 2002
	DOCKET NUMBER:   AR2002074585

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern, III		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:  That he be awarded the Combat Infantryman Badge, the Silver Star, the Bronze Star Medal, and the Purple Heart.  With regard to award of the Silver Star and the Bronze Star Medal, the applicant has not exhausted his administrative remedies and has been advised by separate correspondence to submit a recommendation for these awards under the provisions of Title 10, U. S. Code, section 1130.

APPLICANT STATES:  That his Report of Transfer or Discharge, DD Form 214, does not show that he was with the 25th Military Police Company in Vietnam or that he served two tours over there.   His service personnel and medical records got messed up in Vietnam.  He provides no supporting evidence. 

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

He enlisted in the Regular Army on 8 June 1964.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 57E (Laundry, Bath, and Impregnation Specialist).  He was honorably discharged on 28 June 1966 for the purpose of immediately reenlisting on 29 June 1966.

The applicant's Enlisted Qualification Record, DA Form 20, item 38 shows he arrived in Vietnam and was assigned to the 67th Evacuation Hospital on 7 April 1968 as a 57E40 laundry foreman.  He departed Vietnam on 29 March 1969.  

The applicant's DA Form 20, item 22 shows he was awarded MOS 95B (apparently as a secondary MOS) on 15 June 1970.  Item 38 shows he returned to Vietnam and was assigned to Headquarters and Headquarters Company, 4th Transportation Command on 19 October 1970 as a 95B40 Security Foreman.  He was honorably discharged on 22 May 1971 for the purpose of immediately reenlisting on 23 June 1971.  His DD Form 214 for this period, item 22c shows he served in U. S. Army Vietnam for 2 years, 8 months, and 19 days.  He departed Vietnam on 10 July 1971.  He signed this DD Form 214.

The applicant was discharged on 14 April 1972.  His DD Form 214 for the period ending 14 April 1972, item 22c shows he served 20 days of foreign service during this period.  He signed this DD Form 214.

The applicant's DA Form 20, item 40 does not show that he was wounded.  Item 41 does not show that he was awarded the Silver Star, the Bronze Star Medal, or the Purple Heart.  Item 48 shows he last audited his DA Form 20 on 12 August 1971.  

Army Regulation 600-8-22 provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.  It also provides for award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record.

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 this requirement.

2.  The applicant did not hold an infantry MOS and was not assigned to an infantry unit.  He did not meet the eligibility criteria for award of the Combat Infantryman Badge.

3.  There is no evidence of record and the applicant provides none to show he was wounded in action.  Therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Purple Heart.

4.  There is no evidence of record to show the applicant was assigned to the 25th Military Police Company.  It is noted that the applicant signed his DD Forms 214 attesting to the accuracy of the information thereon.  He audited his DA Form 20 on 12 August 1971 in effect certifying that all entries on his DA Form 20 were correct.  

5.  Most of the applicant's two tours of duty in Vietnam are reflected on his DD Form 214 for the period ending 22 May 1971.  The last 20 days of his service in Vietnam are reflected on his DD Form 214 for the period ending 14 April 1972.

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.

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	AR2002074585	
SUFFIX		
RECON		
DATE BOARDED	2002/09/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.