RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060011563
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.
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 the Army Board for Correction of Military Records (ABCMR) denial of his request for award of the Combat Infantryman Badge.
2. The applicant states, in effect, he suffered one of the worst cases of post-traumatic stress disorder (PTSD) which began before his discharge. The applicant further states he fought in battle, driving flame throwing armored personnel carriers (APC) and regular APCs. The applicant further states he was wounded in battle and received the Purple Heart.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
26 January 1971; a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge From Active Duty), dated 17 June 2005; and Army Review Boards Agency (ARBA) Support Division, St. Louis, St. Louis, Missouri letter, dated 17 June 2006.
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 AR20050008457, dated 17 November 2005.
2. In the original findings, the ABCMR found the applicant had not served in an infantry specialty or served in an infantry unit of regimental size or smaller in ground combat.
3. The documents submitted by the applicant are new evidence and will be considered by the Board.
4. The DD Form 215 and the letter from the ARBA Support Division submitted by the applicant show he was awarded the Purple Heart.
5. Army Regulation 600-8-22 (Military Awards) 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. This regulation also provides that there is no time limitation on requests for award of the Purple Heart.
6. Title 38, United States Code, permits the Department of Veterans Affairs (DVA) to award compensation for disabilities which were incurred in or aggravated by active military service. The DVA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agencys examinations and findings.
DISCUSSION AND CONCLUSIONS:
1. The award of the Purple Heart is not restricted by the military occupational specialty held by a Soldier or the unit to which he was assigned. Therefore, the award of the Purple Heart is not sufficient evidence to justify the award of the Combat Infantryman Badge.
2. As previously stated, the applicant does not meet the regulatory requirements for award of the Combat Infantryman Badge.
3. Disabilities which worsen after a Soldier is separated are treated by and compensated for by the DVA. Any claims or issues concerning treatment or compensation for service-connected disabilities should be addressed to that Agency.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___rmn__ ___eem _ ___wfc___ 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 AR20050008457, dated 14 November 2005.
__________William F. Crain________
CHAIRPERSON
INDEX
CASE ID
AR20060011563
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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