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ARMY | BCMR | CY2001 | 2001051710C070420
Original file (2001051710C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 April 2001
         DOCKET NUMBER: AR2001051710

         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
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. John H. Kern Chairperson
Ms. Margaret V. Thompson Member
Mr. Melvin H. Meyer 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 (CIB) and the Purple Heart.

APPLICANT STATES: He was often in combat and spent 11 months in the field.  He relates how he was wounded during one battle but refused medical evacuation since it would have endangered the lives of others. He cites a book that was written about his unit as evidence of his combat service and charges that while officers were given medals, the enlisted personnel were forgotten.

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

He enlisted in the Regular Army on 15 March 1966, was awarded the military occupational specialty (MOS) of Armor Crewman (11E) and served in Vietnam in a cavalry unit from 14 March 1967 to 9 March 1968. While serving in Vietnam, his MOS was changed to Armor Intelligence Specialist (11D). He was given accelerated promotions to sergeant, pay grade E-5.

He was honorably released from active duty on 14 March 1969 at the expiration of his term of service. His separation documents show that he was awarded the Vietnam Service Medal with 2 bronze service stars; the National Defense Service Medal; the Republic of Vietnam Campaign Medal; the Expert Marksmanship Badge (Pistol); and the Good Conduct Medal.

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, 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. This regulation also provides that the Purple Heart is awarded for wounds 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 and applicable law and regulations, it is concluded:

1. Since neither of the applicant’s MOS’s are on the list of those approved for the CIB, he is not entitled to that decoration. While it is understandable that the applicant would believe his active combat service would warrant a CIB, it does not. Many people in many different MOS’s are actively engaged in combat but are not entitled to a CIB. The CIB is reserved for infantrymen.
2. As for the Purple Heart, since there is no record of the applicant being wounded and he has submitted no evidence of such a wound he is not entitled to that decoration either.

3. 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

___jhk___ ___mvt __ ___mhm_ DENY APPLICATION




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



INDEX

CASE ID AR2001051710
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010417
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.



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