IN THE CASE OF:
BOARD DATE: 9 March 2010
DOCKET NUMBER: AR20090015901
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 award of the Combat Infantryman Badge (CIB) and the Purple Heart.
2. The applicant states that he received the CIB while assigned to the 101st Airborne unit in Vietnam.
3. The applicant does not provide any additional documents in support of his 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 applicants 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 applicants 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 he enlisted in the Regular Army on
29 January 1970. He was discharged on 21 January 1971 for immediate reenlistment on 22 January 1971. After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 71T (Equipment Maintenance Clerk). The applicant served in Vietnam from 30 June to 16 September 1970. He was honorably discharged from active duty on
12 December 1974.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Report of Separation from Active Duty) does not show award of the Purple Heart or the CIB. The applicant's military service records do not contain any general orders awarding him the Purple Heart or the CIB. The applicant's name is not listed on the Vietnam Casualty Roster.
4. There are no records available, such as the applicants DA Form 20 (Enlisted Qualification Record) that would show his unit of assignment and his MOS while assigned in the Republic of Vietnam.
5. There is also no evidence available to show the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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.
7. Army Regulation 600-8-22 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the available records to show the applicant should be awarded the CIB. Additionally, the available evidence does not show the applicant held an infantry MOS and served in an infantry unit of regimental size or smaller while in active ground combat. Therefore, the available evidence is insufficient to show he met the criteria for award of the CIB.
2. There are no general orders available which awarded the applicant the Purple Heart. There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is an insufficient basis for award of the Purple Heart 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) AR20090015901
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