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ARMY | BCMR | CY2001 | 2001054559C070420
Original file (2001054559C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 30 AUGUST 2001
         DOCKET NUMBER: AR2001054559

         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:
Mr. Raymond V. O’Connor Chairperson
Mr. Christopher J. Prosser Member
Ms. Linda D. Simmons 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

 : In effect, that his records be corrected to reflect award of the Combat Infantryman Badge, a “combat or valor” award and the Purple Heart. He also requests that his duty title while in Vietnam be corrected.

 APPLICANT STATES : He did not receive any of these awards “because of secrecy.” He also states that his “official title” while in Vietnam “should have been Office of American Ambassador not of good will K-9 Wolfhound From Dau Tieng, Vietnam” but when he returned home he “found out that [he] was a Clerk.” In support of his request he submits several statements detailing his actions while in Vietnam. He talks extensively about his combat actions, that he was known as “THE MAN” because of the company he kept, and about the number of enemy soldiers he killed. He states that he carried an “M16 and 21 magazines on [his] person at all times” and that during “recon” he would shoot an enemy soldier only “if he turned and looked at me.” He states that the soldiers that worked around the bunker complex that housed the message center would “left hand salute” him in “recognition and respect” of his office.

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

On two previous occasions (AC98-05103 and AR2000037848) the applicant has submitted applications to this Board. However, in each of those cases his request was administratively closed because the Board’s staff was unable to determine exactly where he believed an error or injustice existed in his records.

He entered active duty on 25 March 1968 and successfully completed training as a field wireman (specialty 36K) prior to being assigned to Vietnam as a “message clerk” with the 3 rd Brigade, 25 th Infantry Division in September 1968. In April 1969 the applicant received a letter of commendation from the 3 rd Brigade commander for the “outstanding job” he did “while working on the 3 rd Brigade Communications center.” He returned to the United States in August 1969.

Following his return to the United States the applicant was assigned to Fort Sill, Oklahoma, Fort Sam Houston, Texas and in September 1970 he was reassigned to Europe. He was honorably discharged on 22 March 1971. Neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) nor his DA Form 20 (Enlisted Qualification Record) reflect entitlement to any combat/valor awards, the Purple Heart, or the Combat Infantryman Badge. The applicant authenticated his DA Form 20 in September 1970 and his DD Form 214 on the date of his separation from active duty.





There are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

 Army Regulation 600-8-22 provides, in pertinent part, 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.
Army Regulation 600-8-22 also states that “combat/valor” awards, such as the Silver Star, Bronze Star Medal with “V” device or Army Commendation Medal with “V” device are individual decorations which require a recommendation, approval through the chain of command and announcement in orders.

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 did not hold an infantry specialty (11 series) while in Vietnam and as such is not entitled to the Combat Infantryman Badge even though he may have periodically performed duties similar to those of an infantry soldier.
2. There is no evidence, and the applicant has not provided any, that he was ever wounded as a result of hostile action and as such there is no basis for award of the Purple Heart.

3. There is no evidence, and the applicant has not provided any, that he was ever recommended for or awarded any personal decorations for valor and as such there is no basis to correct his record to reflect such an award.

4. The evidence of record shows that the applicant’s duty title while in Vietnam was that of a message clerk and the April 1969 letter of commendation from his Brigade commander tends to support a conclusion that the duty title reflected in his records was accurate.

5. 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 that requirement.
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

__ RVO __ __ CJP _ __ LDS __ DENY APPLICATION
                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records
INDEX
CASE ID AR2001054559
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010830
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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