RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2004
      DOCKET NUMBER:  AR2004100565


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr, Fred Eichorn                  |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert J. Osborn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request to be
awarded the Purple Heart (PH) and award of the Combat Infantryman Badge
(CIB).

2.  The applicant states, in effect, that he was wounded in combat and was
never awarded his earned awards.

3.  The applicant provides the following documents in support of his
application:  Separation Document (WD AGO 53-55), dated 13 January 1946;
Separation Document (DD Form 214), dated 30 September 1969; Department of
Veterans Affairs (VA) Rating Decision with Self-Authored Statement, dated
27 January 1999; and Medical Treatment Record, dated 17 November 2003.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR1999021764, on 14 April 1999.

2.  The applicant’s record shows that he was initially inducted into the
Army and entered active duty during World War II on 29 January 1943.  He
continuously served on active duty until 13 January 1946, at which time he
was honorably separated, by reason of demobilization.  His separation
document for this period confirms he held and served in military
occupational specialty (MOS) 766
(Radio Operator) and was a member of the Signal Corps.  Item 34 (Wounds
Received In Action) contains the entry “None” and the applicant
authenticated the WD AGO Form 53-55 with his signature in Item 56
(Signature of Person Being Separated).

3.  The record further shows the applicant served on active duty during the
period November 1951 through September 1952 as a member of the Army
Reserve.  On 29 September 1952, he reenlisted in the Regular Army and
continuously served until being honorably separated for the purpose of
retirement on
30 September 1969.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in
Item 38 (Record of Assignments), that he served in Korea from 3 February
1953 through 15 March 1954.  It further shows that during this tour, he was
assigned to the
2nd Signal Battalion, 2nd Infantry Division, performing duties in MOS
052.60, as a communications platoon sergeant.  Item 38 further shows that
he served in the Republic of Vietnam (RVN) from 8 February 1967 through 6
February 1968.  During this RVN tour, he was assigned to 44th Signal
Battalion and 587th Signal Company performing duties in MOS 31Z as an area
communications chief and first sergeant respectively.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank and Item 41
(Awards and Decorations) does not list the PH and CIB in the list of
authorized awards.  The applicant last audited this record on 14 April
1969.

6.  On 30 September 1969, the applicant was honorably separated for the
purpose of retirement.  The DD Form 214 he was issued at the time does not
include the PH and CIB in the list of authorized awards contained in Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized).  The applicant authenticated this document
with his signature in Item 32 (Signature of Person Being Transferred or
Discharged).

7.  The applicant provides a VA Rating Decision, dated 27 January 1999,
with accompanying documents that confirm he was granted service connection
for a Post Traumatic Stress Disorder (PTSD).  This rating decision does not
refer to military medical or personnel records as a source for information
regarding the applicant’s combat service and does not verify the
applicant’s entitlement to the PH and/or CIB.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.
9.  Paragraph 8-6 of the awards regulation contains the criteria for
awarding the CIB. It states, in pertinent part, that there are basically
three requirements for award of the CIB.  The soldier must be an
infantryman satisfactorily performing infantry duties, must be assigned to
an infantry unit during such time as the unit is engaged in active ground
combat, and must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH and CIB was carefully
considered.  However, there is insufficient evidence to support this
contention.

2.  By regulation, in order to support awarding the PH, there must be
evidence a member was wounded/injured in action, was treated for the
wound/injury by military medical personnel and a record of this medical
treatment must have been made a matter of official record.  In this case,
the applicant’s record contains no indication that he ever received a wound
or injury as a direct result of or that was caused by enemy action.
Further, there is no medical evidence showing he was ever treated for a
combat related wound or injury.  Therefore, the regulatory burden of proof
necessary to support award of the PH has not been satisfied in this case.

3.  By regulation, there are three basic requirements to earn the CIB.  The
soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.  The evidence of record in this case, while confirming the
applicant served in combat in the PTO during World War II, in Korea and in
the RVN, clearly shows the applicant was a member of the Signal Corps and
never served in an infantry MOS.  As a result, there is an insufficient
evidentiary basis to support award of the CIB in this case.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RJO_  ___FE___  ___JTM _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR1999021764, on 14 April 1999 or to
award the Combat Infantryman Badge.




            ____Fred Eichorn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100565                            |
|SUFFIX                  |                                        |
|RECON                   |1999/04/14      AR1999021764            |
|DATE BOARDED            |2004/11/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/09/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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