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Decision Text

ARMY | BCMR | CY1997 | 9710706
Original file (9710706.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his military records be corrected to show that he was awarded the Purple Heart and the Combat Infantryman Badge (CIB)
APPLICANT STATES : That he received the Purple Heart for wounds suffered in Vietnam while he was assigned to the 101st Airmobile Division. He believes that he should also have been awarded the CIB and other medals for spending a year in Vietnam. Neither of the awards are listed on his DD Form 214, Report of Transfer or Discharge

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

He enlisted in the Regular Army for 3 years on 14 January 1966 was trained as a switchboard operator, (Military Occupational Specialty, 72C) and served in Vietnam from 14 February 1967 to 11 February 1968 with the 101st Airmobile Division. He was honorably discharged on 14 January 1966 in the grade of private first class.

His awards include the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, and the Parachute Badge. His records reflects that he is also entitled to the Expert Badge with 45 caliber pistol bar, the Sharpshooter Badge with grenade launcher bar and the Marksman Badge with rifle bar, none of which are reflected on his DD Form 214.

The applicant’s available records contain no evidence to indicate that he was wounded in action during his Vietnam service. Further, there is no information available to show that he was recommended for award of the CIB. Unless he was assigned as an advisor, which the record does not disclose, he did not possess a military occupational specialty (MOS) that was authorized the CIB.

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 by a medical officer, and the medical treatment must have been made a matter of official record.
The same regulation provides, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry MOS 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.

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 CIB.

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. There is no evidence of record that the applicant suffered a wound during combat in Vietnam that would entitle him to a Purple Heart.

2. Considering his MOS during his Vietnam service, he would not normally have been eligible for the award of the CIB. Further, the record does not show that he was recommended for that award.

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 the aforementioned requirement.

4. In view of the foregoing, there appears to be 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 Board Agency, Support Division St. Louis, will be directed to issue to the applicant the Expert Badge with 45 caliber pistol bar, the Sharpshooter Badge with grenade launcher bar and the Marksman Badge with rifle bar.

BOARD VOTE :

GRANT

GRANT FORMAL HEARING

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

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