IN THE CASE OF:
BOARD DATE: 06 NOVEMBER 2008
DOCKET NUMBER: AR20080013426
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 his records be corrected to show the award of the Combat Infantryman Badge and the award of the Purple Heart.
2. The applicant states, in effect, that he served in military occupational specialty (MOS) 11B while assigned to the Republic of Vietnam and he has metal fragments in his jaw bone.
3. The applicant does not provide any additional documentation.
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's military personnel record shows he enlisted in the Regular Army on 6 March 1969. He completed the necessary training and was awarded MOS 11B (Light Weapons Infantryman) and he was later awarded MOS 63C (General Vehicle Repairman).
3. He served with the Replacement Detachment, Company A, 7th Support Battalion and Company D, 5th Battalion, 12th Infantry, 199th Infantry Brigade in the Republic of Vietnam during the period 7 August 1969 to 7 January 1970. He served as a rifleman from 18 August 1969 to 7 January 1970.
4. He was honorably released from active duty due to early separation and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 25 January 1971.
5. The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the awards of the Combat Infantryman Badge and Purple Heart.
6. 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 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
7. The applicant's medical records do not show he sustained metal fragments to his jaw bone as a result of hostile action.
8. A review of the Republic of Vietnam Casualty Files does not show the applicant's name listed among those wounded.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his record should be corrected to show the Combat Infantryman Badge and the Purple Heart.
2. The available evidence shows the applicant was assigned as a rifleman while assigned to an infantry unit of brigade, regimental, or smaller size. However, there is no evidence available to substantiate that the applicant was personally engaged with enemy forces in combat. Therefore, the applicant has not established a basis to support award of the Combat Infantryman Badge.
3. There is no evidence in the applicant's records which shows he was wounded or injured as a result of hostile action or that he was treated for any wounds. Additionally, his name does not appear on the Republic of Vietnam Casualty Files. Therefore, he is not entitled to award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _XXX _______ ___
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) AR20080013426
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