MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 January 2002
         DOCKET NUMBER: AR2001064309

         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Christopher J. Prosser		Member
Mr. Kenneth W. Lapin		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)

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APPLICANT REQUESTS: Correction of his records to show award of the Combat Infantryman Badge and the Purple Heart.

APPLICANT STATES: That in TET 1968 in Vietnam he was in combat with a military police unit at the Capital Hotel and Cholon area; therefore, he should be awarded the Combat Infantryman Badge. He states that he was housed in a hotel behind the Capital Hotel in Saigon and helped the military police unit living in the Capital Hotel. He also contends that he was later assigned to Advisory Team 12 of the Military Assistance Command Vietnam (MACV) and was in several skirmishes with the Viet Cong and the North Vietnamese.

The applicant also states that he was hit with shrapnel at 7th Air Force Headquarters in April 1968. He states that he was in a storage shed sleeping when the 7th Air Force Headquarters was hit. He contends that when his Purple Heart was delivered to him at the 3rd Field Hospital in Saigon, he refused it because a letter would be sent to his wife and parents. The applicant states that the major presenting it to him said it was fine and he would never get award of the Purple Heart. He further states that the major was right because he has no way to prove he was awarded the Purple Heart.

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

The applicant entered active duty on 8 February 1967 and completed training as a Memorial Activities Specialist in military occupational specialty (MOS) 57F. He served in Vietnam in his MOS from 17 January 1968 through 7 January 1969. The applicant was honorably separated from active duty on 6 February 1970.

The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which is authenticated in his own hand, does not show the Combat Infantryman Badge or the Purple Heart as authorized awards.

There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge. There is no evidence the applicant was awarded MOS 11B (light weapons infantryman) or that the he served in an infantry position in an infantry unit.

The applicant’s service records show that he was awarded MOS 57F (Memorial Activities Specialist) upon completion of Advanced Individual Training. His DA Form 20 (Enlisted Qualification Record) shows that he served in MOS 57F in Headquarters and Headquarters Company of the 4th Transportation Command throughout his service in Vietnam. There are no orders or other documents which show that the applicant served in an infantry unit or that he served as a member of an advisory team in MACV.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

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 of the 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.

U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.” This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this regulation listed advisor positions in Military Assistance Command, Vietnam, which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.

Army Regulation 600-8-22 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, 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. The Board noted the applicant’s contention that he was in combat with a military police company. However, service in combat with a military police unit does not qualify for award of the Combat Infantryman Badge.

2. The Board noted the applicant’s contention that he was in combat as a member of MACV Advisory Team 12. However, there is no evidence that he was assigned to a MACV advisory team or that he occupied an advisory team position which qualified for award of the Combat Infantryman Badge.

3. There is no evidence the applicant was ever awarded an infantry MOS or served in an infantry duty position in an infantry unit in Vietnam.

4. Based on all of the foregoing, there is no evidence which shows that the applicant was not eligible for award of the Combat Infantryman Badge during his service in Vietnam.

5. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Therefore, there is no evidence upon which to base award of the Purple Heart to the applicant.

6. 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 either requirement.

7. 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

___JLP__ __KWL__ __CJP___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001064309
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020117
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	MR CHUN
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.