IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080004137 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Combat Infantryman Badge and the Purple Heart.  

2.  The applicant states, in effect, he was injured in Vietnam, was told by his commander to go the CAMU (Cameron Army Medical Unit) from NAMCAM (sic his parent unit) to be treated for jungle rot (fungus) and shrapnel.  While being treated for jungle rot, shrapnel was removed.  His commander was to order the Purple Heart for his injury and records.  However, his Purple Heart is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

3.  He adds that the Combat Infantryman Badge and the Purple Heart would benefit him greatly for his VA (Department of Veterans Affairs) benefits being sought due to his PTSD (Post Traumatic Stress Disorder) problems which are being assessed at the Knoxville Veterans Center.

4.  The applicant provides a copy of his DD Form 214 in support of his request.

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 record shows he was inducted on 7 February 1968.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B.  He was promoted to specialist four (SP4)/E-4 effective 11 March 1969.  

3.  The applicant served in Vietnam from 21 August 1969 to 27 January 1970.  He served until he was honorably released from active duty on 28 January 1970. 

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; and the Republic of Vietnam Campaign Medal.  His DD Form 214 does not show any additional awards.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart and the Combat Infantryman Badge are also not shown as an authorized award in item 41 (Awards and Decorations). 

6.  The applicant's name does not appear on the Vietnam Casualty Roster for a wound received as a result of hostile action. 

7.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows he served as a security guard, in MOS 11B1O, with DMAC (Delta Military Assistant Command), USA Advisory Group, USAMACV (Military Assistance Command, Vietnam), in Vietnam.

9.  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 medical personnel, and the medical treatment must have been made a matter of official record.  


10.  Army Regulation 600-8-22 provides, 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 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  There are no orders, and the applicant provided none, awarding him the Purple Heart; he is not listed on the Vietnam Casualty List; and there are no medical records available to show that he was treated for a wound as a result of hostile action.

3.  The applicant claims that he was injured and was told by his commander, in effect, to seek medical treatment for jungle rot and shrapnel.  While treated for jungle rot, shrapnel was removed; however, he has provided no evidence, and there is none available to the Board, to support his claim that he was injured by shrapnel as a result of hostile action.

4.  The applicant claims, in effect, that his commander was to recommend him for award of the Purple Heart for his injury and correct his records to show this award; however, it is not shown on his DD Form 214.  There is no evidence, and the applicant has provided none, to show that he was recommended for the Purple Heart by his commander. 

5.  The evidence shows that the applicant held an infantry MOS and was assigned as a security guard with DMAC, USAAG, USMACV; however, there is no evidence, and the applicant provided none to show he served in active ground combat while assigned to an infantry unit serving in Vietnam.  He is therefore not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.  




6.  The applicant claims, in effect, that award of the Combat Infantryman Badge and the Purple Heart would benefit him greatly in his application for VA benefits he is seeking due to his PTSD problems which are being assessed at the Knoxville Veterans Center.  The applicant is advised the Board does not award or approve awards to entitle individuals to VA benefits being sought due to PTSD. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  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 for correction of the records of the individual concerned.



      __________x_____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080004137



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ABCMR Record of Proceedings (cont)                                         AR20080004137



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