RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 March 2008
DOCKET NUMBER: AR20070015424
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.
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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 reconsideration of his earlier request for award of the Combat Infantryman Badge (CIB). The applicant also requests that award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served as an infantryman in Vietnam with Company C, 87th Infantry from 6 May 1970 through 5 May 1971. In a 15 October 2007 Fax Cover Sheet from the Georgia Department of Veterans Service, it is indicated that the applicant was wounded in Vietnam and was given a Purple Heart but it was never added to his personnel records. This document also indicates the applicant had a real flare (i.e., a hot flare) explode in his hand.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record); his DD Form 47 (Record of Induction); his DA form 664 (Servicemans Statement Concerning Application for Compensation from the Veterans Administration); and his Standard Form 88 (Report of Medical Examination).
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 AR20060004874 on 19 December 2006.
2. The statements regarding award of the Purple Heart are new issues that will be considered by the Board.
3. The applicant was inducted into the Army on 13 May 1969. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).
4. He served in Vietnam from 6 May 1970 through 10 April 1971 with Company C, 87th Infantry as a rifleman in duty MOS 11B.
5. There are no orders which show the applicant was awarded the CIB. His DA Form 20 does not list the CIB in item 41 (Awards and Decorations). There is no evidence of record which indicates he served in active ground combat in Vietnam. In addition, the circumstances of the injury as described by the Georgia Department of Veterans Service indicates such an injury would have been the result of an accident rather than the result of hostile action.
6. There are no orders in the applicant's personnel records which show he was awarded the Purple Heart. His DA Form 20 does not list any wounds as a result of hostile action in item 40 (Wounds). There are no medical records which indicate he was wounded as a result of hostile action.
7. The applicants name is not included on the Vietnam Casualty Roster.
8. The applicant was released from active duty on 10 April 1971. His DD Form 214 does not show the CIB or the Purple Heart as authorized awards.
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 officer persons 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 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.
10. 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, and the medical treatment must have been made a matter of official record. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded MOS 11B and performed duties in MOS 11B as a rifleman while assigned to an infantry unit in Vietnam. However, there is insufficient evidence which indicates he served in active ground combat. Therefore, he has not met all of the requirements for award of the CIB.
2. There are no orders which authorize award of the Purple Heart to the applicant. His name is not listed on the Vietnam Casualty Roster.
3. The Fax Cover Sheet dated 15 October 2007 indicates the applicant was wounded while he was assigned in Vietnam and he was awarded the Purple Heart. However, there are no medical documents or other evidence which verify he was wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base correction of his records to show award of the Purple Heart. In addition, the circumstances of the injury as described by the Georgia Department of Veterans Service indicate such an injury would have been the result of an accident rather than the result of hostile action.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
x______ x______x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Regarding the applicants request for award of the Purple Heart, 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. Regarding the applicants request for reconsideration of his request for award of the CIB, 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 AR20060004874, dated 19 December 2006.
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CHAIRPERSON
INDEX
CASE ID
AR20070015424
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
107.0111
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