IN THE CASE OF:	

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090016660 


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 two awards of the Purple Heart and the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was qualified with the M-60 machinegun and was shot in the left arm and blown up in a truck and should have been awarded two Purple Hearts and the CIB.  He goes on to state that he did not go to sick call at the time because he was young and macho; he was simply treated by a medic and went on about the war.  He also states that he does not remember much about being blown out of the truck, but he has scars and has since had medical issues with his back, hearing, etc.

3.  The applicant provides copies of two newspaper articles related to his unit in Vietnam, two type-written pages of what appear to be part of his unit's history, and a handwritten letter from his spouse.

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 into the Army of the United States in Phoenix, Arizona, on 13 December 1966.  He completed his basic training at Fort Bliss, Texas, and his advanced individual training as a light vehicle driver at Fort Huachuca, Arizona, before being transferred to Fort Lewis, Washington, for his first duty assignment.

3.  On 22 January 1968, he was transferred to Vietnam for assignment to the 541st Transportation Company as a light vehicle driver and was advanced to the pay grade of E-4 on 21 February 1968.  He departed Vietnam on 5 December 1968 and was transferred to Fort Lewis where he was honorably released from active duty as an overseas returnee.  He served 1 year, 11 months, and 24 days of total active service.

4.  A review of the applicant's official military personnel file and the Vietnam casualty listing fails to show any indication that the applicant was wounded while in Vietnam or that he received any treatment for any wounds/injuries received in Vietnam.  There is also no indication that he was ever reported as a casualty and there is no evidence that he was assigned to an infantry unit as an infantryman or that he ever engaged the enemy in that capacity.

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

6.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  It states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  The individual must be personally present and under hostile fire while serving in an assigned infantry primary duty in a unit actively engaged in ground combat with the enemy.
DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was wounded as a result of enemy action in Vietnam is not in doubt, there simply is no evidence in the available records to substantiate his claim.

2.  In order to be authorized award of the Purple Heart, there must be sufficient evidence to show that an individual was wounded as a result of enemy action and that treatment was made by medical officials which was made a matter of record.  Neither the evidence submitted by the applicant nor the evidence of record contain such documentation.  Therefore, in the absence of such evidence, there appears to be no basis to award him the Purple Heart at this time.

3.  The applicant's contention that he should be awarded the CIB has also been noted and appears to lack merit.  There is no evidence to show that he was awarded the military occupational specialty of an infantryman or that he served in an infantry unit that engaged the enemy in combat.  Therefore, lacking such evidence, there is no basis to award him the CIB.

4.  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 the United States during the Vietnam War.  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)                                         AR20090016660



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ABCMR Record of Proceedings (cont)                                         AR20090016660



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