| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Patrick H. McGann | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be awarded the Purple Heart and the Combat Infantryman Badge.
2. The applicant states that he was riding shot-gun in a jeep in the Dominican Republic when it was overturned. He was sent to the hospital.
3. The applicant provides no supporting evidence.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests that all evidence be obtained and reviewed before a final determination is made.
2. Counsel states that any reasonable doubt should be resolved in the applicant's favor.
5. The applicant was on temporary duty in the Dominican Republic from 1 May 1965 through 12 October 1965. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not indicate that he was wounded in action.
6. A DD Form 261 (Report of Investigation Line of Duty and Misconduct Status) dated 6 May 1965 and signed by the reviewing authority on 28 May 1965 shows that the applicant was involved in an automobile accident the previous December [1964] in which he suffered head injuries.
7. On 26 October 1965, the applicant was released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 October 1965 shows he was awarded the Parachutist Badge and the Armed Forces Expeditionary Medal.
8. The applicant had subsequent service in the Regular Army from 5 September 1968 through 5 March 1970. His DD Form 214 for the period ending 5 March 1970 shows that he was awarded no awards and decorations.
9. Army Regulation 600-8-22 (Military Awards) provides policy and criteria concerning individual military decorations. It provides for award of the Purple Heart to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.
10. Army Regulation 600-8-22 provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is 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. It is authorized for service in the Dominican Republic for service from 18 April 1965 to 21 September 1966 for soldiers who have met the basic criteria.
11. Army Regulation 600-8-2 provides for award of the National Defense Service Medal for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 24 August 1974, both dates inclusive, between 2 August 1990 and 30 November 1995, both dates inclusive, and between 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in the Dominican Republic during a qualifying period for award of the Combat Infantryman Badge. However, the evidence of record shows that he served as a radio and telegraph operator, not as an infantryman, during that time. There is no evidence to show he actively participated in ground combat.
2. There is no evidence of record to show the applicant was injured as a result of hostile action while serving in the Dominican Republic.
3. Records show the applicant should have discovered the error or injustice now under consideration on 26 October 1965; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 October 1968. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
4. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__fne __mhm___ __phm___ DENY APPLICATION
| CASE ID | AR2003090497 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031202 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 107.0015 |
| 2. | 107.0111 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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