MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 28 Januray 2003
         DOCKET NUMBER: AR2002074033

         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Tracey L. Pinson		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: That he be awarded the Purple Heart Medal and the Combat Infantryman Badge (CIB). He infers that his dates of service should include his time in the Reserve and as such his completion of a college degree should be added to his DD Form 214 (Report of Transfer or Discharge).

APPLICANT STATES: In effect, he was trained and served as a line-of-site radioman not a switchboard operator in Vietnam and that he was in combat as a side door gunner. He states that he was wounded in the right leg at Phu My, treated for a minor wound by the company medic and evacuated for high blood pressure. He states that he wants his records to reflect what he did.

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

The applicant entered active duty on 26 August 1963. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 72C (switchboard operator).

The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was assigned to the 232^nd Signal Company, 39^th Signal Battalion in Vietnam from 11 April 1964 through 18 April 1965 as a 72C. It also shows that he was reassigned stateside and served from 17 September 1965 to 4 April 1966 as a 03B (Sports Specialist) and as a 71H (Personnel Specialist) from 5 April 1965 to 7 June 1966.

The applicant's record does not contain a copy of his service medical record. However, it does contain a listing of medical treatment, which shows that the applicant was treated for hypertension, an ear infection, a right shoulder injury, a right leg problem, and a burned left arm while serving in Vietnam.

A review of the Vietnam Casualty List failed to locate the applicant's name as having incurred combat injury.

On 30 March 1966, the applicant requested that he be released from active duty prior to completion of his normal enlistment to allow him to attend college. This request was approved and the applicant was released from active duty and transferred to the USAR Control Group (Reinforced) on 7 June 1966.

The applicant's DD Form 214 lists his awards as the Good Conduct Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal and the Sharpshooter Badge with Rifle Bar.

A DD Form 215, issued 20 September 1999, shows the applicant was also entitled to the Republic of Vietnam Campaign Medal and the National Defense Service Medal.

A review of Unit Citation and Campaign Participation Credit Registry shows that, during the period that the applicant was attached to it, the 232^nd Signal Company, 39^th Signal Battalion was authorized the Meritorious Unit Commendation and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph states that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, and satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy. 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.

Army Regulation 600-8-22 (Military Awards), paragraph 2-12, provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met. The dates of eligibility for this award for service in Vietnam are from 1 July 1958 to 3 July 1965.


Army Regulation 600-8-22, paragraph 2-13 provides, in pertinent part, for award of the Vietnam Service Medal (VSM). This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is worn to denote each campaign period served. Individuals qualified for the AFEM for service in Vietnam during the period from 1 July 1958 to 3 July 1965 remain qualified for that medal, but upon request may be awarded the VSM instead of the AFEM. No person will be entitled to both awards for Vietnam Service.

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. There is no available evidence of record that shows that any of the conditions, for which the applicant received care for while serving in Vietnam, were due to hostile action; therefore, he is not entitled to award of the Purple Heart.

2. While the applicant may have come under hostile fire and may have performed some of the duties of infantryman, he was never assigned an infantry MOS and as such does not qualify for the CIB.

3. The applicant may have trained and served as line-of–sight radio operator, however, there is no evidence that he was ever officially granted an MOS change to reflect that on the job training.

4. The applicant's DD Form 214, issued 7 June 1966, reflects only his service on active duty and as such correctly reflects his dates of service on active duty. It is inappropriate to list any action or accomplishment that occurred after his release from active duty on this form.

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 this 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.

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NOTE: The Army Review Boards Agency Support Division, St. Louis will be asked to issue a DD Form 215 to show that the applicant's authorized awards consist of the Good Conduct Medal, the Armed Forces Expeditionary Medal, the National Defense Service Medal, the Meritorious Unit Commendation, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, the RVN Campaign Medal and the Sharpshooter Badge with Rifle Bar.

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

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INDEX

CASE ID	AR2002074033
SUFFIX
RECON
DATE BOARDED	20030128
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0015
3.	100.02
4.	100.05
5.
6.