BOARD DATE:	  March 9, 2010

		DOCKET NUMBER:  AR20090016696 


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 Purple Heart (PH) and the Combat Infantryman Badge (CIB).  

2.  The applicant states, in effect, that his unit’s position was overrun by the enemy in 1968 and he was engaged in 4 hours of combat.  He also states he received combat pay, and on a daily basis he drove a 2 1/2 ton truck 30 miles into areas and villages surrounded by the enemy.  

3.  The applicant provides the following documents in support of his application: Department of Veterans Affairs (DVA) Statement in Support of Claim; DD Form 214 (Report of Separation from Active Duty) for the period ending 10 January 1975; Combat-Related Special Compensation (CRSC) Eligibility Determination; letter from the U.S. Army Human Resources Command, CRSC Branch, Alexandria, VA; and newspaper article.

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 enlisted in the Regular Army on 3 March 1967.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 36K (Field Wireman).  

3.  He was assigned to Vietnam on 21 October 1967 with Headquarters and Headquarters Company, 96th Supply and Service Battalion.  His DA Form 20 (Enlisted Qualification Record) shows his duty MOS as 72B (Communications Center Specialist).  

4.  His DA Form 20 does not list the PH or CIB in item 41 (Awards and Decorations).  There are no orders in the applicant's personnel records which show he was awarded the PH or CIB.  His name is also not included on the Vietnam Casualty Roster.  

5.  The applicant departed Vietnam on 15 October 1968.  He was discharged on 22 December 1968 for immediate reenlistment.  He reenlisted on 23 December 1968 and continued to serve in an active duty status until he was honorably discharged on 10 January 1975.  

6.  The applicant’s Standard Form 88 (Report of Medical Examination), dated 30 December 1974, shows he was qualified for separation with a physical profile of 111121.  On this medical document, the applicant indicated he was in fair health except for occasional back pain.  

7.  His DD Form 214 for the period ending 10 January 1975 does not show entitlement to award of the PH or the CIB.  

8.  The applicant subsequently served in the California Army National Guard from 19 August 1986 through 5 January 1995.  During this period he served in support of Operation Desert Shield/Desert Storm.  His DD Form 214 for the period ending 31 May 1991 does not show entitlement to the PH or the CIB.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH 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, and the medical treatment must have been made a matter of official record.  

10.  Army Regulation 600-8-22 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.  Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the CIB 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’s statements regarding his actions during his tour in Vietnam in 1968 are noted.  However, there is insufficient evidence to confirm he sustained a wound as a result of hostile action in 1968 while he was assigned to Vietnam.  

2.  There are no orders available which authorized the applicant award of the PH and his name is not listed on the Vietnam Casualty Roster.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, the wound must have required treatment by medical personnel, and the treatment must have been made a matter of official record.  

3.  In the absence of any corroborating evidence which shows the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.  

4.  To support award of the CIB, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.  

5.  The evidence of record shows the applicant served as a communications center specialist in MOS 72B while assigned to Headquarters and Headquarters Company, 96th Supply and Service Battalion during his tour in Vietnam.  Therefore, he has not met the requirements for award of the CIB.

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)                                         AR20090016696



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ABCMR Record of Proceedings (cont)                                         AR20090016696



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