IN THE CASE OF:
BOARD DATE: 18 FEBRUARY 2009
DOCKET NUMBER: AR20080016530
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 and the Purple Heart.
2. The applicant states that the rest of his unit received the Combat Infantryman Badge and that he was wounded in combat.
3. The applicant provides no documentary evidence 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 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 was inducted into the Army of the United States on 22 August 1968. He was awarded military occupational specialty (MOS) 11B (light weapons infantryman) and later awarded MOS 82A (general draftsman). His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on
12 January 1969 and served in duty MOSs 81B (construction draftsman) and 82A while assigned to an engineer battalion from 22 January through 29 April 1969. Orders show primary MOS 11B was withdrawn effective 11 April 1969. His DA Form 20 shows he served in duty MOS 82A while assigned to Company B, 5th Battalion, 12th Infantry, 199th Infantry Brigade in Vietnam from 1 May through 3 September 1969. His DA Form 20 shows he served in duty MOS 11B while assigned to a military police battalion in Vietnam from 4 September 1969 through 11 January 1970. On 21 August 1970, he was released from active duty.
3. The applicants DD Form 214 (Report of Transfer or Discharge) does not show the Combat Infantryman Badge or the Purple Heart as authorized awards.
4. There are no orders for the Combat Infantryman Badge in the available records.
5. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
6. The applicant's DA Form 20 does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
7. On 9 July 1970, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the Purple Heart.
9. 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.
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.
DISCUSSION AND CONCLUSIONS:
1. There are no orders for the Combat Infantryman Badge. There is also no evidence of record which shows the applicant served in an infantry MOS in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
2. There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. Regrettably, 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) AR20080016530
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ABCMR Record of Proceedings (cont) AR20080016530
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