IN THE CASE OF:	  

	BOARD DATE:	  9 October 2008

	DOCKET NUMBER:  AR20080011846 


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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states that he was an infantryman assigned with the 2nd Battalion, 27th Infantry Regiment, in the Republic of Vietnam.  He engaged the enemy several times and exchanged gunfire.  He also states that he was wounded in the left ankle when a child tripped a land mine causing it to explode and blow off both of the child’s legs.  He was transported to a Vietnamese hospital and later was medically evacuated to the United States.  His captain told him that it was just a broken ankle and that it did not warrant a Purple Heart.

3.  The applicant provides a copy of his DD Form 214, in support of his application.

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.  On 28 November 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 17 June 1968, the applicant was assigned for duty with the 2nd Battalion, 27th Infantry, 25th Infantry Division, in the Republic of Vietnam.

4.  On or about 28 August 1968, the applicant was assigned as a patient to the 249th General Hospital.  There is no available documentation identifying his injuries or describing how or under what circumstances they were sustained.

5.  On 17 September 1968, the applicant was medically evacuated to Ireland Army Hospital, Fort Knox, Kentucky.  On 1 November 1968, he was further assigned for duty as an automatic rifleman with the 3rd Battalion, 10th Infantry Regiment, Fort Carson, Colorado.

6.  On 28 November 1969, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He had attained the rank of sergeant (SGT), pay grade E-5, and had completed 1 year, 11 months, and 28 days of creditable active duty service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal and the Vietnam Service Medal with two bronze service stars.  It does not show award of the Purple Heart or the Combat Infantryman Badge. 

8.  The applicant's name is not listed on the Vietnam Casualty Roster.

9.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Purple Heart.

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.
11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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.

12.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders showing that the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster. While the records show that he was hospitalized in the Republic of Vietnam and was subsequently medically evacuated, there is no available evidence showing that his injuries were the direct cause of enemy action.  Therefore, the applicant's request for award of the Purple Heart should be denied.

2.  The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Unfortunately, it does not show that he ever engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should be denied. 





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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080011846



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