RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 November 2005
      DOCKET NUMBER:  AR20050006156


      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             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 earlier
request for the award of the Combat Infantryman Badge (CIB) and Purple
Heart (PH).

2.  The applicant states, in effect, that he is entitled to the PH and CIB.

3.  The applicant provides his request for reconsideration through counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, reconsideration of the applicant's earlier
request for the award of the PH and CIB.

2.  Counsel states, in effect, that contrary to the original determination
of the Board, which found the applicant did not meet the three requirements
for the award of the CIB, the applicant did serve in an infantry military
occupational specialty (MOS) 11B (Infantryman), and he was assigned to
Company A, 2nd Battalion, 46th Infantry Regiment, as shown on his
separation document
(DD Form 214), and he personally participated in ground combat.  Counsel
also indicates that the applicant was wounded when he stepped on concertina
wire
(a booby trap), which is evidence of his participation in ground combat and
entitles him to the PH.

3.  Counsel provides a copy of a Chronological Record of Medical Care
(Standard Form 600) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004103196, on 14 September 2004.

2.  During its original deliberations in this case, the Board concluded
that the evidence of record confirmed the applicant was assigned to an
Aviation unit while serving in the Republic of Vietnam (RVN), and as a
result he failed to meet one of the basic criteria for the award of the
CIB, which was assignment to a qualifying infantry unit.  The Board also
concluded that there was no medical evidence showing that he was ever
wounded as a result of hostile action while serving the RVN.  Therefore,
the Board concluded there was insufficient evidence to support the
applicant’s claim of entitlement to the CIB and PH.
3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows the
applicant served in the RVN from 4 January 1966 through 25 December 1966.
Item 38 (Record of Assignments) confirms he was assigned to Headquarters
and Headquarters Detachment, 11th Aviation Battalion, from 8 January 1966
through 24 December 1966.  This document also shows that the applicant
departed the RVN on 25 December 1966, and was reassigned to Company A, 2nd
Battalion,
46th Infantry Regiment, Fort Hood, Texas, on 4 February 1967.

4.  The Chronological Record of Medical Care submitted by counsel does show
the applicant was medically treated for a wound he received to his right
leg when he was injured by concertina wire in Toy Ninh Vietnam.  However
this document does not show that this injury was combat related.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 8 of the same
regulation contains guidance on award of combat badges.  It states, in
pertinent part, that the CIB is awarded to infantry officers and to
enlisted and warrant officer personnel 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 Human Resources Command (HRC) has advised, in similar cases, that
during the Vietnam era the CIB was awarded only to enlisted individuals who
held and served in MOS 11B, 11C, 11F, 11G, or 11H.

6.  Paragraph 2-8 of the awards regulation 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's and his counsel's contention that the applicant met the
criteria for the award of the CIB and the PH has been carefully considered.
 However, there is insufficient to support this claim.

2.  The evidence of record clearly shows that the applicant served with an
Aviation unit while he was assigned for duty in the RVN, as was documented
in the original ABCMR decision, and he was not assigned to the infantry
unit cited by counsel until he arrived at Fort Hood, Texas.  Therefore, the
regulatory criteria necessary to support award of the CIB has not been met
in this case.
3.  By regulation,  in order to award a PH there must be evidence that a
member was wounded or injured as a result of enemy action.  The
Chronological Record of Medical Care corroborates the applicant's claim
that he was injured by concertina wire while serving in the RVN.  However,
it fails to indicate this injury was received as a result of enemy action,
or was combat related.  Therefore, the regulatory burden of proof necessary
to support award of the PH has still not been satisfied in this case.  As a
result, there is an insufficient evidentiary basis to support amendment of
the original ABCMR decision on this issue.

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

___TAP _  __ENA __  __JRS  __  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 AR2004103196, dated 14 September 2004.




            ____Thomas A. Pagan_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006156                           |
|SUFFIX                  |                                        |
|RECON                   |Yes                                     |
|DATE BOARDED            |2005/11/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/08/04                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]