MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            28 August 2003
	DOCKET NUMBER:   AR2002082376

	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	
	Mrs. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Harry B. Oberg		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 (PH) and the Combat Infantryman Badge (CIB) for the period 1 June 1965 to 8 February 1966

APPLICANT STATES:  That he was evacuated from Vietnam to the continental United States (CONUS) on 12 February 1966 and never received a CIB or PH.

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

He enlisted in the Regular Army for a period of 3 years on 17 April 1964.  Following completion of all military training, he was awarded military occupation specialty (MOS) 11B, Light Weapons Infantryman, and was assigned to Fort Carson, Colorado.

On 4 June 1965, the applicant was assigned to Vietnam.  He served in Vietnam from 2 June 1965 to 9 February 1966 and was assigned to the US Military Assistance Command, Vietnam (MACV).  While serving in Vietnam, the applicant suffered a major seizure and was evacuated to the 8th Field Hospital and later to Okinawa.  He was treated with medication and later cleared to return to duty.  However, the applicant had two more seizures and was evacuated to CONUS and William Beaumont General Hospital (WBGH), El Paso, Texas.  The applicant was diagnosed with grand mal seizure disorder, controllable by medication.

On 23 May 1967, the applicant was honorably separated from active duty under the provisions of 10 USC 1202 by reason of disability and he was placed on the temporary disability retired list (TDRL) in the rank of Specialist/E-4.  He was credited with 3 years, 1 month, and 7 days of active military service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Good Conduct Medal (GCMDL), and the Sharpshooter Badge with Rifle Bar.  There is no indication the applicant was ever wounded in action; his DA Form 20 (Enlisted Qualification Record) in item 40 (Wounds) is blank, and his name does not appear on the Vietnam Casualty List.

The applicant was subsequently removed from the TDRL and recommended for discharge by reason of physical disability with entitlement to severance pay.  Accordingly, on 30 November 1971, he was discharged with a 10 percent disability rating and severance pay.

On 5 April 2001, the National Personnel Records Center provided the applicant with DA Form 1577 (Authorization for Issuance of Awards) which shows that he was awarded the GCMDL, NDSM, VSM with 1 Bronze Service Star, and the Republic of Vietnam Campaign Ribbon with Device (1960).

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

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’s name does not appear on the Vietnam Casualty List and his DA Form 20 contains no entry in item 40; there is no evidence in the available records, nor has the applicant provided any, to indicate that he is entitled to award of the PH.  Without such evidence, the Board cannot recommend award of the PH.

2.  Although the applicant was serving in an infantry MOS, there is no evidence the applicant served in an infantry unit engaged in active ground combat.  Therefore, the Board cannot confirm that the applicant met the requirements for award of the CIB. 

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.

NOTE:  The Army Review Boards Agency Support Division – St. Louis is directed to issue a DD Form 215, Correction to DD Form 214, showing that the applicant is entitled to one Overseas Service Bar.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__aao___  __tl____  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2002082376	
SUFFIX		
RECON		
DATE BOARDED	20030828	
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.