BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090010283 


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 that he be awarded the Combat Infantryman Badge (CIB) and two Purple Hearts.

2.  The applicant states that he served for 8 months as an infantryman (military occupational specialty [MOS] 11B2O) and served as a security policeman and machine gunner on convoys in Vietnam.  His convoys were ambushed on numerous occasions and he was wounded by shrapnel several times.  However, he was only treated by a combat medic for wounds received in combat in June 1970.

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record) and a Department of Veterans Affairs (VA) rating decision.

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 records show that he enlisted in the Regular Army on 9 January 1968, was awarded MOS 70A (clerk), and was promoted to pay grade E-4. 

3.  He served in Vietnam from 11 December 1969 to 14 November 1970.  While in Vietnam he served as a senior personnel account specialist in the 516th Personnel Service Company, then as a security policeman in MOS 11B while assigned to the 863rd Transportation company with duty with 1st Security Company, and then as a machine gunner in MOS 11B while assigned to Headquarters and Headquarters Detachment, 57th Transportation Battalion.

4.  In an undated statement from the applicant, he said that "When we were transferred from Tan My Island, down here for Security, I was permanently assigned as a driver on Roving Patrol.  I asked [a staff sergeant] if I could work as a carpenter due to the barracks and other facilities needing work on them.  I was taken off of Roving Patrol and told I was the carpenter.  Two days later I was put on guard.  I asked [the staff sergeant] why, I was put on guard again, and he told me we didn't have the wood or tools or transportation for me to be a carpenter.  I was not put back on roving patrol as was my job before I was the carpenter."

5.  The applicant's DA Form 20, Item 22 (Military Occupational Specialties), shows he was awarded the MOS of 70A on 10 May 1968 and 71B (clerk typist) on 5 August 1969.  There are no other entries in this Item.  Item 40, Wounds, is blank.

6.  There are no orders awarding the applicant the CIB or the Purple Heart in his records, and there are no medical records which show that he was wounded as a result of hostile action.

7.  On 15 November 1970, the applicant was given a final physical examination.  No wounds were noted in this examination.  The applicant was honorably released from active duty the same day.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his MOS as 71Bpersonnel account specialist.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.

9.  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 military occupational specialty (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 USARV 672-1 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.

10.  The Vietnam Casualty List, which contains the names of Soldiers who were wounded in Vietnam, does not contain the applicant’s name.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was never awarded the MOS 11B and never served in an infantry unit.  As such, he is not entitled to the CIB.  Whether or not he actually served as an infantryman is not pertinent to whether he is entitled to the CIB.

2.  There are no medical records which show that the applicant was treated for wounds incurred as a result of hostile action, his name is not contained on the Vietnam Casualty List, and his DA Form 20 does not show that he was wounded.  As such, there is insufficient evidence in which to award him the Purple Heart.

3.  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)                                         AR20090010283





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ABCMR Record of Proceedings (cont)                                         AR20090010283



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