IN THE CASE OF:	  

		BOARD DATE:	       13 November 2008

		DOCKET NUMBER:  AR20080014346 


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 award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states that he sustained a left foot injury during his service in Vietnam and that he participated in the Vietnam Counteroffensive, Phase II, campaign during his service in Vietnam.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  page 4 of his 4-page DA Form 20 (Personnel Qualification Record),

	b.  Standard Form 600 (Chronological Record of Medical Care) for the period 7 November 1967 through 21 November 1967,

	c.  Letter Orders Number 01-1062718, dated 26 January 1972, discharge orders.

	d.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 January 1968, and

	e.  Letter of Appreciation, dated 24 January 1968.


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 records show that he was inducted into the Army of the United States on 14 February 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 94B (Cook).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 28 January 1968.  The highest rank/grade he attained during his military service was specialist four/E-4.

3.  The applicant’s records further show that he served in the Republic of Vietnam from 31 January 1967 to 30 January 1968.  He was assigned to Company D, 20th Engineer Battalion.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, two Overseas Service Bars, the Army Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 of his DD Form 214 does not list award of the Purple Heart or the Combat Infantryman Badge.

5.  Item 40 (Wounds) of the applicant's DA Form 20 contains a blank entry.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show award of the Purple Heart or the Combat Infantryman Badge.

7.  The applicant's name is not shown on the Vietnam Casualty Roster.

8.  There are no general and/or special orders in the applicant’s records that show he was awarded the Purple Heart or the Combat Infantryman Badge.

9.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart or Combat Infantryman Badge orders on file for the applicant.

10.  The applicant submitted a copy of his chronological record of medical care that shows the following entries:

	a.  On 7 November 1967, the applicant dropped a block of ice on his toe.  His toe was X-rayed, treated, and splinted.  The attending military physician recommended the applicant return to duty within one week.

	b.  On 14 November 1967, the applicant visited the aid station for a follow-up examination.  The attending physician recommended light duty for a period of 3 weeks.

	c.  On 21 November 1967, the applicant returned to the aid station for a follow-up examination.  The attending physician recommended he continue light duty.

	d.  An entry was made on an unknown date on this form that reads, "Recommend for Purple Heart, Jxxn H. Cxxxxll, Commanding Officer, C Company, 55 Eng."

11.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

12.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge.  This regulation states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty and satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty in a unit actively engaged in ground combat with the enemy.  Commanders were not allowed to make any exceptions to this policy.  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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Purple Heart, the entry shown on the applicant's chronological record of medical care does not appear to be authentic.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration, rather he or she is entitled to it upon meeting specific criteria.  In this case, a toe injury resulting from a dropped block of ice does not meet the criteria for award of the Purple Heart.

2.  There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  Absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.

3.  With respect to award of the Combat Infantryman Badge, the evidence of record shows that the applicant was trained in and awarded a food service specialist MOS following completion of training and served in that MOS in an engineer battalion in the Republic of Vietnam.  There is no evidence that shows he held an infantry MOS during his service in the Republic of Vietnam or that he was engaged in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  As a result, the applicant does not meet the criteria for award of the Combat Infantryman Badge.


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.


															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)                                         AR20080014346



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ABCMR Record of Proceedings (cont)                                         AR20080014346



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