BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090007005 


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 correction of his records to show award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states, in effect, that there was a lack of leadership in his unit and the paperwork for his Purple Heart was not submitted.  He also states that he still has shrapnel in his left hip, which has been confirmed by the Department of Veterans Affairs.  He adds that initially he was to be assigned to a signal unit, but he was assigned to a Reconnaissance Platoon during his service in the Republic of Vietnam (RVN).  Therefore, he should have been awarded the Combat Infantryman Badge.

3.  The applicant provides, in support of his application, a third-party letter, dated 3 April 2009, and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 12 April 1970.

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 in the U.S. Army for a period of 24 months on
20 May 1968.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 22 Military Occupational Specialties (MOS) he was awarded primary MOS 05C2O (Radio Teletype Operator) on 6 December 1968;

   b.  item 27 (Military Education) he completed the 12-week Radio Teletype Operator Course for MOS 05C2O in 1968;

   c.  item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion (Airmobile), 501st Infantry (RVN), in Duty MOS 05C2O (Radio Teletype Operator) from 15 July through 28 August 1969; he was assigned to Company E, 2nd Battalion (Airmobile), 501st Infantry (RVN), in Duty MOS 05C2O (Radio Teletype Operator) from 29 August 1969 through 21 February 1970; and he was assigned to HHC, 2nd Battalion (Airmobile), 501st Infantry (RVN), in Duty MOS 05C2O (Radio Teletype Operator) from 22 February through 5 April 1970;

   d.  item 40 (Wounds) is blank; and

   e.  item 41 (Awards and Decorations) does not show award of the Purple Heart or Combat Infantryman Badge.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 12 April 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  At the time he had completed 1 year, 10 months, and
23 days of net active service and 9 months and 15 days of foreign service.  The DD Form 214 also show in:

   a.  item 23a (Specialty Number and Title) he held MOS 05C2O;
   
   b.  item 25 (Education and Training Completed) he completed the
12-week Radio Teletype Operator course at Fort Gordon, GA; and




   c.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar, Bronze Star Medal, Army Commendation Medal, Air Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and two Overseas Service Bars.

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.  In addition, a review of the Vietnam Casualty Roster confirmed the applicant's name is not listed on the roster. 

6.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce orders showing the applicant was awarded the Purple Heart.

7.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded and/or served in an infantry MOS, or that he was awarded the Combat Infantryman Badge.

8.  In support of his application, the applicant provides a third-party letter from Command Sergeant Major (CSM) M______ G. C_______, U.S. Army, Retired.  The CSM states:

   a.  they were both assigned to the Signal Platoon, HHC, 2nd Battalion, 501st Infantry in the RVN.  He states the line companies were understrength; therefore, they volunteered to be reassigned to the Reconnaissance Platoon, Company E, 2nd Battalion, 501st Infantry, where they served together from June 1969 to February 1970;

	b.  they completed many search and destroy missions, set up ambushes, and the platoon encountered their share of firefights.  He also states that the applicant was wounded during the early morning hours while in the A Shau Valley in December 1969, shrapnel was flying into their defensive perimeter and the applicant sustained a wound to his left hip; 

   c.  they were picked up by a mechanized infantry unit around 1400 hours that same day and they were taken to Fire Base Bastogne.  He adds he vividly remembers carrying the applicant down the knoll and placing him on an armored vehicle.  He also states the applicant was treated by a military doctor; and 

	d.  that unit personnel failed to award the applicant the Purple Heart.  He adds that unit personnel were supposed to change their MOSs to 11B and award them the Combat Infantryman Badge; however, this never happened.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Additionally this regulation provides that:

   a.  the Purple Heart is awarded for a wound sustained as a result of hostile action.  It provides that 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; and

   b.  the Combat Infantryman Badge is awarded to infantry officers and enlisted Soldiers 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.  U.S. Army Vietnam Regulation 672-1 stated that during the Vietnam-era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant's claim was carefully considered.  In his request the applicant claims he received a shrapnel wound to his left hip on an unknown date in December of 1969 in the RVN, and he provides a letter from a fellow comrade that was written nearly 40 years later in support of his request.  However, the applicant provides no official documentary evidence pertaining to the injury
(e.g., casualty report, medical treatment records, etc.) in support of his claim.

3.  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 addition, the applicant's name is not listed on the Vietnam Casualty Roster.  Therefore, in view of the foregoing, the third party statement alone is not sufficient to award the applicant the Purple Heart in this case.

4.  Records show that during the applicant's service in the RVN, he served in infantry units; however, he held MOS 05C2O (Radio Teletype Operator) while assigned to these infantry units.  Thus, the evidence of record does not support the applicant's contention that he met the strict regulatory criteria established for award of the Combat Infantryman Badge.  Specifically, that he held an infantry MOS and served in active ground combat while assigned to an infantry unit.  Therefore, the available evidence is also not sufficient to support award of 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:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20090007005



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ABCMR Record of Proceedings (cont)                                         AR20090007005



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