BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20090004597 


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 the Combat Infantryman Badge.  He also requests, in effect, that his primary military occupational specialty (PMOS) be restored to 11B (Light Weapons Infantryman).

2.  The applicant states, in effect, that he was never trained in or performed duties in MOS 11E (Armor Crewman).  The applicant states that his leg wound was never recorded in his official record.  He finally states that he should have been awarded the CIB because he held MOS 11B.

3.  The applicant submitted no additional documents in support of this 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 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 DD Form 214 shows that he was inducted into the Army of the United States on 6 March 1968.  

3.  Item 22 (MOS) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was awarded PMOS 11B on 12 July 1968.

4.  Headquarters, 1st Armored Division, Fort Hood, TX, Special Orders Number 280, dated 29 October 1968, shows that effective 10 October 1968, the applicant's PMOS of 11B was withdrawn and assigned as his SMOS (secondary MOS) and MOS 11E was awarded as his PMOS.

5.  The applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) with Company A, 1st Battalion, 69th Armored Regiment, 4th Infantry Division from 1 April 1968 to 3 November 1969, performing duties in MOS 11E with principal duties as a loader and tank driver.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank, indicating that he was not wounded during his active duty service.

7.  The Vietnam Casualty Roster does not list the applicant's name as wounded in action.

8.  On 2 December 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had completed 1 year, 8 months, and 27 days of active military service.  Item 23a (Specialty Number and Title) of his DD Form 214 shows "11E2O - Armor Crewman."

9.  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 by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

11.  Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that a Soldier who can perform duties required of any 3-character MOS may be awarded that MOS.  However, he or she must be qualified in accordance with the specifications and qualifications required for a particular MOS.  A new MOS will be awarded on qualification in any MOS (including prior military service), successful completion of MOS producing training, successful completion of on-the-job training for not less than 60 days, change in MOS structure, identifying civilian acquired skills having a direct MOS counterpart, and withdrawal of a PMOS.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show and the applicant has not provided any evidence that he was wounded or injured as a result of hostile action, or that he was treated for such wounds.  The applicant is not listed on the Vietnam Casualty Roster.  Regrettably, in the absence of corroborating evidence there is no basis for granting the applicant's request for award of the Purple Heart.

2.  There is no evidence that shows the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller.  Records also show that prior to assignment to the Republic of Vietnam his PMOS of 11B was withdrawn and he was awarded PMOS of 11E.  In addition, it appears he was not assigned to an infantry unit.  He was assigned to the 69th Armored Regiment.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

3.  Although the applicant argues that he was not trained in MOS 11E, evidence of record shows he performed duties in MOS 11E2O.  Evidence of record also shows that although he was initially awarded MOS 11B, it was withdrawn as his PMOS and awarded as his SMOS, and 11E was awarded by official orders as his PMOS.  Therefore, he is not entitled to have 11B reinstated as his PMOS.

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)                                         AR20090004597



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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