IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080009453
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 that the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He also requests award of the Combat Infantryman Badge (CIB).
2. The applicant states that he received the Purple Heart on 27 April 1969 from the 3d Field Hospital. He also states that his lieutenant was badly injured and was unable to put him in for the CIB.
3. The applicant provides a photograph purportedly of himself in the hospital.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army on 14 February 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant arrived in Vietnam and was assigned to Company C, 2d Battalion, 47th Infantry, 9th Infantry Division, on or about 25 January 1969. Two sets of orders, one dated 14 February 1969 and one dated 2 March 1969, show he was attached to Headquarters and Headquarters Company, 3d Brigade, 9th Infantry Division effective 27 January 1969 for duty with the Mobile Instruction Team.
4. The applicant departed Vietnam on or about 30 July 1969 for assignment to Hawaii.
5. The applicant was honorably released from active duty on 13 February 1970.
6. The applicants DD Form 214 shows he was awarded the National Defense Service Medal, one overseas service bar, the Marksman Marksmanship Qualification Badge (M-16 Rifle), the Vietnam Service Medal, the Marksman Marksmanship Qualification Badge (M-14 Rifle), the Republic of Vietnam Campaign Medal with device (1960), and the 1st Class Gunner Badge (M-60 Machine Gun).
7. The applicants service medical records are not available. His name is not listed on the Vietnam Casualty Roster. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded. Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart. There are no orders available showing he was awarded the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) states 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.
9. Army Regulation 600-8-22 provides for the award of the CIB to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The photograph the applicant provided has been carefully considered. Unfortunately, the patient in that photograph cannot be positively identified as the applicant. Even if he could be positively identified as the applicant, there is no evidence to indicate why he was a patient.
2. The applicants service medical records are not available. His name is not listed on the Vietnam Casualty Roster. His DA Form 20 does not indicate that he was awarded the Purple Heart or was wounded. Regrettably, there is insufficient evidence that would warrant adding the Purple Heart to his DD Form 214.
3. It is acknowledged that the applicant was an infantryman assigned to an infantry unit. However, there is insufficient evidence to show he was in a unit that actively participated in ground combat or that he actively participated in that ground combat. Regrettably, there is insufficient evidence that would warrant awarding him the CIB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ __xx____ __xx____ 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.
______xxxx _______ ___
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) AR20080009453
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ABCMR Record of Proceedings (cont) AR20080009453
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