IN THE CASE OF:	   

		BOARD DATE:	  	   13 November 2008

		DOCKET NUMBER:  AR20080014956 


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 Combat Infantryman Badge (CIB) and the Purple Heart (PH).

2.  The applicant states that his military occupational specialty (MOS) in Vietnam was 11B2O (light weapons infantryman).  After he completed basic training, he went to advanced jungle training.  He states he was assigned to the United States Military Assistance Command, Vietnam (USMACV) and performed armed patrols and perimeter guard duty.  He also states that he was not awarded a PH medal for wounds he received in Lai Khe, South Vietnam.  He was on perimeter guard duty in November 1969 when his unit came under a mortar/rocket attack.  One of the rounds hit electrical wires.  He was ordered to close the main entrance gates.  When the gates contacted, a large explosion occurred and he was thrown 15 to 20 feet.  He was knocked unconscious and received scrapes on his face.  He was not able to receive medical attention and they were still under attack.  By the next morning, he washed his face and went back on duty with a headache and numbness in his hands, feet, and shoulder.  Later that day, the numbness subsided and he medicated himself.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his DD Form 215 (Correction to DD Form 214).  

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 was inducted into the Army of the United States on 27 May 1969.  At the completion of basic combat training and advanced individual training, he was awarded primary MOS 11B.  His highest grade attained was specialist four, E-4.

3.  He was assigned to Vietnam on 25 February 1970 with MACV as a security guard in duty MOS 11B.  

4.  The applicant was awarded the Army Commendation Medal by Headquarters, USMACV General Orders Number 557, dated 25 January 1971.  The citation for this award states, in part, "For distinguishing himself by meritorious service during the period March 1970 to January 1971 while serving as Assistant to the Deputy Installation Coordinator, 5th Division Combat Assistance Team, United States Military Assistance Command, Vietnam.  During this period Specialist ____ performed his duties in an outstanding manner.  He assisted in establishing operating standards for all concessionaries on Lai Khe installation and maintained records regarding their activities…"

5.  His DA Form 20 (Enlisted Qualification Record) does not list the CIB or the PH in item 41 (Awards and Decorations).

6.  There are no orders in the applicant's personnel records which show he was awarded the Purple Heart.  His DA Form 20 does not list any wounds as a result of hostile action in item 40 (Wounds).  His name is not included on the Vietnam Casualty Roster.  

7.  The applicant was released from active duty on 10 February 1971.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Army Commendation Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  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 applicant completed advanced individual training and was awarded primary MOS 11B.  

2.  The Military Awards regulation governing award of the CIB requires service in an infantry duty position in an infantry unit engaged in ground combat with the enemy.

3.  The evidence of record shows the applicant served in an infantry MOS as a security guard with the USMACV during his tour in Vietnam.  His citation for award of the Army Commendation Medal shows he performed administrative tasks from March 1970 to January 1971.  It is acknowledged that the applicant may have seen combat but evidence shows his daily mission was not to close with and destroy the enemy and to seize and hold terrain.  Therefore, he has not met all of the requirements for award of the CIB.  

4.  There are no orders which authorize award of the Purple Heart to the applicant.  His name is not listed on the Vietnam Casualty Roster.

5.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.  

6.  There are no military medical documents available to the Board which verifies he was wounded or injured as a result of hostile action or treated by medical personnel.  The applicant acknowledged that he did not seek medical treatment.  Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.

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)                                         AR20080014956





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ABCMR Record of Proceedings (cont)                                         AR20080014956



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