IN THE CASE OF:	  

		BOARD DATE:	       27 October 2009

		DOCKET NUMBER:  AR20090010758 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Bronze Star Medal with "V" Device, and Combat Infantryman Badge.

2.  The applicant states that the awards were presented to him in the field; however, the orders were destroyed in combat.

3.  The applicant did not provide any additional documentary evidence in support of his request.  

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 (RA) on
27 June 1966 for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 68G (Airframe Repairman).  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 26 March 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 26 May 1967 to on or about 25 May 1968.  He was assigned to the 402nd Transportation Detachment.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart, Bronze Star Medal with "V" Device, or Combat Infantryman Badge.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows a blank entry.

6.  The applicant's name is not shown on the Vietnam Casualty Roster.

7.  There are no general orders in his records that show he was awarded the Purple Heart or the Bronze Star Medal with "V" Device, or special orders that show award of the Combat Infantryman Badge.

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 or the Bronze Star Medal with "V" Device.

9.  The applicant's available medical records do not show he suffered any combat wounds and/or treated for such wound.  On 25 February 1969, the applicant underwent a separation physical examination.  His Standard Form
(SF) 88 (Report of Medical Examination) and SF 93 (Report of Medical History) do not contain any notes or remarks regarding any injuries or wounds noted during the examination.  His SF 88 did note the applicant had varicose veins in both lower legs and a high frequency hearing loss.  Although the applicant checked "yes" to the question "Have you ever had any illness or injury other than those already noted" on his SF Form 93, he did not provide any specific details on the form as required.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the following awards:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze "V" Device in conjunction with award of the Bronze Star Medal indicates acts of heroism involving conflict with an armed enemy 

	c.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, Bronze Star Medal with "V" Device, and the Combat Infantryman Badge.

2.  With respect to the Purple Heart, the applicant’s name is not shown on the Vietnam Casualty Roster; his DA Form 20 does not indicate any combat wounds; his record is void of any orders that show he was awarded the Purple Heart; and his available medical records do not indicate he was wounded and/or injured as a result of hostile action.  Therefore, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. 

3.  With respect to the Bronze Star Medal with "V" Device, the governing Army regulation states that for personal decorations, formal recommendation, approval 
through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to the Bronze Star Medal with "V" Device to his DD Form 214.

4.  With respect to the Combat Infantryman Badge, the applicant's service in the Republic of Vietnam is not in question.  However, his records show he held an aviation MOS and was assigned to a transportation unit.  There is no evidence in the available records and the applicant did not submit substantiating evidence that shows he held an infantry MOS, that he was assigned to an infantry unit, or that he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in active ground combat with the enemy.  Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge 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.



      ___________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)                                         AR20090010758



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ABCMR Record of Proceedings (cont)                                         AR20090010758



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