IN THE CASE OF:	  

		BOARD DATE:	         23 July 2009  

		DOCKET NUMBER:  AR20090004384 


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 Combat Infantryman Badge and the Purple Heart and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 24 January 1973.

2.  The applicant states that they are missing from his DD Form 214 and he has no documentation for these awards in his posession.

3.  In support of his application, the applicant provides a copy of his 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’s records show he enlisted in the Regular Army in pay 
grade E-1 on 6 January 1970 for 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36C, field lineman.  He served in Vietnam from 12 February 1971 to 1 November 1971.

3.  The applicant was honorably released from active duty in pay grade E-4 on 24 January 1973 at the expiration of his term of service and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with 3 years of net active service.

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, two overseas service bars, and the Republic of Vietnam Campaign Medal with Device (1960).  The Combat Infantryman Badge and the Purple Heart are not shown on his DD Form 214.

5.  There is no entry in item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) showing he was awarded the Combat Infantryman Badge or the Purple Heart.

6.  There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge or the Purple Heart.  There is also no evidence in his records that shows he was wounded or injured or treated for wounds or injuries as a result of hostile action.

7.  A search of the Awards and Decorations Computer-assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Combat Infantryman Badge and the Purple Heart.  No orders for these awards were found in the ADCARS.

8.  The Vietnam casualty list was reviewed to determine if the applicant had been wounded in action while he served in Vietnam.  The applicant's name is not shown in this list.

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 personnel 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 also 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.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows he completed training and was awarded MOS 36C.  There is no evidence he was awarded and served in an infantry MOS during his period in Vietnam or active duty service.  

3.  All Soldiers were provided basic combat skills training after they entered the Army.  This was provided to ensure that all Soldiers had the survival skills to perform basic infantry missions when the need arose.  Therefore, the exigencies of combat required non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers were trained to do; however, it is not a basis for the award of the Combat Infantryman Badge.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

4.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

5.  There is no evidence and the applicant provided none to show that he was wounded as the result of hostile action.  The applicant's name does not appear on the Vietnam casualty listing.  There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published to award him the Purple Heart.

6.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart to the applicant or to have the Purple Heart added to his DD Form 214.

7.  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.

8.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090004384



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ABCMR Record of Proceedings (cont)                                         AR20090004384



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