RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20070010040 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Ms. Marla J. N. Troup

Member

Mr. Thomas M. Ray

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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the Combat Infantryman Badge (CIB), Parachutist Badge, and the Purple Heart.

2.  The applicant states, in effect, the CIB and Parachutist Badge were issued to him between December 1967 and December 1968.  The Purple Heart was verbally awarded to him but he did not want it at that time.  He did not think his wound was bad enough, there were other Soldiers in worst shape than he was.  He would like to have his DD Form 214 corrected to show these awards.

3.  The applicant provides a copy of his DD Form 214, DA Form 2-1 (Personnel Qualification Record, Part II), and a letter from his State Representative.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records show that he entered active duty on  
8 August 1966.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served as Grenadier, Indirect Fire Crewman, Team Leader, and Security Guard with Troop B and D, 7th Squadron, 1st Air Cavalry.  He also served with Headquarters and Headquarters Company (HHC), 223rd Combat Aviation Battalion in the Republic of Vietnam during the periods 18 December 1967 to  
18 December 1968; 17 January to 7 February 1969; and 11 October 1970 to  
18 October 1971.  He then reclassified into MOS 76D (Material Supply Specialist).

3.  The applicant was honorably retired from active duty on 30 November  
1986 and placed on the retired list on 1 December 1986.  He had completed a total of 20 years and 24 days of active federal service.

4.  Item 13 (Decoration, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, Overseas Service Ribbon (1), Good Conduct Medal (4th Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Overseas Service Bars (4), National Defense Service Medal, Vietnam Service Medal with 7 Campaign Stars, Army Commendation Medal (2 Oak Leaf Clusters), Bronze Star Medal, Armed Forces Expeditionary Medal, and Republic of Vietnam Campaign Medal.  However, it does not show the CIB, Parachutist Badge, and the Purple Heart.

5.  The applicant's military service records do not contain any evidence to show he served as an infantryman while engaged in active ground combat while he served in the Republic of Vietnam nor does it show he attended and completed the basic Parachutist training.

6.  The applicant's military service records do not contain any evidence to show that he completed the required training to qualify for the Parachutist Badge.

7.  There are no general orders in the applicant's military records to show he was awarded the CIB and Parachutist Badge.

8.  A review of the Republic of Vietnam Casualty Files does not show the applicant's name listed among those wounded.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officers 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 U.S. Army Human Resources Command (formerly known as the 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.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.
11.  Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

12.  A Review of the applicant's records does not indicate entitlement to additional awards and decorations not shown in item 13 of his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the CIB, Parachutist Badge, and the Purple Heart.

2.  There is no evidence in the applicant's military service records which show he was wounded or injured as a result of hostile action.  Also, there are no General Orders in his military records awarding him the Purple Heart and his name does not appear on the Republic of Vietnam Casualty Files.  Therefore, he is not entitled to correction of his records to show the Purple Heart.

3.  The evidence does not show the applicant served as an infantryman while engaged in active ground combat while he served in the Republic of Vietnam.  Also, in order for the applicant to qualify for the CIB he had to be personally present and under hostile fire while serving in an assigned infantry unit actively engaged in ground combat with the enemy.  Therefore, he is not entitled to correction of his records to show the CIB.

4.  There is no evidence to show that the applicant completed the required training and testing to qualify for the Parachutist Badge.  Therefore, he is not entitled to correction of his record to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JNS__  __MJNT_  __TMR__  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




_____John N. Slone____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20071218
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.