IN THE CASE OF:	  

		BOARD DATE:	  	  30 December 2008

		DOCKET NUMBER:  AR20080015830 


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, award of the Purple Heart and Combat Infantryman Badge. 

2.  The applicant states, in effect, he was assigned to a small arms and mortar battery while serving in Vietnam, but he did not receive the Combat Infantryman Badge.  He also states he received a flesh wound to his left hand in June or July of 1967, the medic taped it up, but he never received the Purple Heart.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 21 July 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 military personnel records show he enlisted in the Regular Army and entered active duty for a period of 3 years on 22 July 1965.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant’s military personnel records contain a copy of Headquarters, 11th Transportation Battalion (Terminal), Special Orders Number 247, dated
17 September 1966, as amended by Headquarters, 11th Transportation Battalion (Terminal), Special Orders Number 250, dated 21 September 1966, that show, in pertinent part, his primary MOS (PMOS) of 11B1O was withdrawn, MOS 56E2O (Stevedore) was awarded as his PMOS, and MOS 11B1O was awarded as his secondary MOS (SMOS).

4.  The applicant's military personnel records contain a DA Form 20.

     a.  Item 22 (Military Occupational Specialties) shows he was awarded MOS
11B as his PMOS on 31 December 1965 and MOS 56E as his PMOS on
13 September 1966; however, these 2 entries are lined-out.  This item also shows he was awarded MOS 57H4O (Cargo Handler) as his PMOS on 7 July 1967 and MOS 11B4O was designated as his SMOS.

     b.  Item 31 (Foreign Service) shows that he served in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 24 January 1966 through
26 August 1967.

     c.  Item 38 (Record of Assignments), in pertinent part, shows while serving in the RVN, the applicant was assigned to the 117th Transportation Company (Terminal Support) from 28 January 1966 through 25 August 1967.  This item also shows that he performed principal duty in Duty MOS 56A1O (Supply Handler) from 28 January 1966 to 22 June 1966; principal duty in Duty MOS 56A1O (Casual Supply Handler) from 23 June 1966 to 12 September 1966; principal duty in Duty MOS 56E2O (Stevedore) from 13 September 1966 to
30 June 1967; and principal duty in Duty MOS 57H2O (Cargo Handler) from
1 July 1967 to 25 August 1967.

     d.  Item 40 (Wounds) is absent an entry.

     e.  Item 41 (Awards and Decorations) fails to show he was authorized award of the Purple Heart or Combat Infantryman Badge.

5.  There is no documentation in the applicant’s military personnel records that shows he was wounded or treated for wounds as a result of hostile action. There is also no evidence that the applicant was admitted to a military hospital at any time during his tour of duty in the RVN.  In addition, a review of The Adjutant General Office, Casualty Division's Vietnam Casualty Roster confirmed that the applicant’s name is not listed on the roster.

6.  A thorough review of the applicant’s military personnel records revealed that there are no orders in the applicant’s records that show he was awarded the Purple Heart or Combat Infantryman Badge.  In addition, a search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders showing award of the Purple Heart or Combat Infantryman Badge to the applicant.

7.  The applicant's military personnel records contain a copy of his DD Form 214, with an effective date of 21 July 1967.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and 3 Overseas Service Bars.  The DD Form 214 shows the applicant was honorably released from active duty on 21 July 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 3 years, 0 months, and 0 days net active service this period and 1 year, 7 months, and 2 days foreign service.

8.  Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge and states, in pertinent part, 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 or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

10.  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 established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, “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 Soldiers 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.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Purple Heart and Combat Infantryman Badge because he received a flesh wound to his left hand and he was assigned to a small arms and mortar battery while serving in the RVN.

2.  The applicant’s claim that he received a flesh wound to his left hand in June or July of 1967 while serving in the RVN was carefully considered.  However, he provides insufficient evidence in support of his claim to the Purple Heart.

3.  The applicant provides no official documentary evidence pertaining to the injury (e.g., battle casualty report, medical treatment records, etc.) in support of his request.  There is no evidence in the applicant’s military personnel records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations); the applicant's name is not listed on The Adjutant General Office, Casualty Division's Vietnam Casualty Roster; and there are no orders in the applicant’s military personnel records or in the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System that show the applicant was awarded the Purple Heart.  In addition, there is no evidence in the applicant’s military service records that shows he was wounded as a result of hostile action, that such wound required treatment, or that the medical treatment was made a matter of official record.  In view of all of the foregoing, there is insufficient basis for awarding the Purple Heart to the applicant in this case. 

4.  The evidence of record shows that during the applicant’s service in the RVN (i.e., from 24 January 1966 through 26 August 1967) the applicant held MOS 11B as his PMOS until 13 September 1966.  While the evidence of record shows the applicant possessed an infantry SMOS during his service in the RVN, the evidence of record also shows he was assigned to 117th Transportation Company (Terminal Support) and that he served (exclusively and consecutively) in Duty MOS 56A1O, 56E2O, and 57H2O during his tour of duty in the RVN. There is no evidence that shows he was assigned or attached to an infantry unit.  In this regard, there is no evidence of record that shows the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size while serving in the RVN.  Therefore, the evidence of record fails to support the applicant’s claim to the Combat Infantryman Badge in this case.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20080015830



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ABCMR Record of Proceedings (cont)                                         AR20080015830



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