IN THE CASE OF:	

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080007721 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 April 1971, be corrected to show the Combat Infantryman Badge and the Purple Heart.  [The indication being that he was already awarded these awards.] 

2.  The applicant states, in effect, that the Combat Infantryman Badge and the Purple Heart are not shown on his DD Form 214. 

3.  The applicant provides no additional documentation 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 25 April 1969.  He was trained as an Infantry Indirect Fire Crewman, in military occupational specialty (MOS), 11C.  He was promoted to sergeant (SGT/E-5) effective 1 September 1970.  

3.  The applicant served in Vietnam from 2 October 1969 to 1 October 1970.  He served until he was honorably released from active duty on 23 April 1971. 

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); two Overseas Service Bars; the Bronze Star Medal; and the Air 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 Combat Infantryman Badge and Purple Heart are also not shown as authorized awards 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 Combat Infantryman Badge or the Purple Heart.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows he served as a Infantry Indirect Fire Crewman, in MOS 11C1O, with Company H, 75th Infantry Regiment, 1st Air Cavalry Division; and as an 11C1O and as a Wheel Vehicle Mechanic, in MOS 63B2P with Company E, 2nd Battalion, 8th Cavalry Regiment, 1st Air Cavalry Division.  

9.  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.




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

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant held an infantry MOS and was assigned duties as an infantry indirect fire crewman, in MOS 11C and as a wheel vehicle mechanic, in MOS 63B, in an infantry unit; however, there is no evidence, and the applicant provided none to show he was awarded the Combat Infantryman Badge.  There is also no evidence he served in active ground combat while assigned to an infantry unit as an infantryman while he served in Vietnam.  In the absence of such evidence there is no basis to award the Combat Infantryman Badge; therefore not eligible to have it added to his DD Form 214 at this time.  If the applicant can provide a copy of his Combat Infantryman Badge orders or other substantiating evidence to show he was awarded this award or that he met the three criterion for this award, he may reapply to this Board for reconsideration for addition of this badge to his DD Form 214.

2.  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.

3.  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.

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)                                         AR20080007721



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ABCMR Record of Proceedings (cont)                                         AR20080007721



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