IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018919
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 records to show the Combat Infantryman Badge (CIB) and the Purple Heart (PH). He also requests correction of his records to show his military occupational specialty (MOS) as infantry.
2. The applicant states the following:
a. His records are in error because he was sent home on emergency leave at the end of December 1969.
b. He was told he would receive the CIB, but he never received it.
c. He was blown away from our own land mine and was in the hospital for removal of shrapnel.
d. He was told by his commander not to tell anyone because he was the third person to be injured by our own land mine.
3. The applicant provides no 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 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 20 November 1967. He completed training and was awarded MOS 63C (track vehicle repairman).
3. He served in Vietnam from 6 July 1968 to 25 December 1969 with Troop B, 2nd Squadron, 1st Cavalry, 4th Infantry Division, as a track vehicle mechanic in duty MOS 63C.
4. The applicant's service personnel record does not show he was awarded an infantry MOS.
5. His DA Form 20 (Enlisted Qualification Record) does not list the PH or CIB in item 41 (Awards and Decorations). His service record does not contain orders which show he was awarded the PH or CIB. His name is not included on the Vietnam casualty roster.
6. The applicant was separated on 19 November 1970. His DD Form 214 does not show entitlement to the PH or CIB.
7. Army Regulation 600-8-22 (Military Awards) provides 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.
8. Army Regulation 600-8-22 provides 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was told he would receive the CIB, but he did not receive it. However, the evidence of record does not support award of the CIB in this case.
2. 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.
3. The evidence of record shows the applicant served as a track vehicle repairman in MOS 63B while assigned to Troop B, 2nd Squadron, 1st Cavalry, 4th Infantry Division, in Vietnam. The evidence of record does not show he was ever awarded an infantry MOS. Therefore, he has not met the requirements for award of the CIB or correction of his records to show an infantry MOS.
4. The applicant contends he sustained a shrapnel wound by a land mine; however, the evidence of record does not confirm his claim.
5. 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 PH 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.
6. 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 PH 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) AR20090018919
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ABCMR Record of Proceedings (cont) AR20090018919
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