IN THE CASE OF:	  

		BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100000128 


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 and, in effect, a second award of the Combat Infantryman Badge for his service in Vietnam.

2.  The applicant states:

* when he was in Vietnam with the 5th Special Forces Group he was hit in the right and left hand with shrapnel from a mortar round
* he was never awarded the Purple Heart for this injury
* he was awarded the Combat Infantryman Badge prior to going to Vietnam for combat action in the Dominican Republic and he feels he should have been awarded a combat star for this award 

3.  The applicant provides no documentary evidence 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 2 June 1965 for a period of 3 years.  He was awarded military occupational specialty (MOS) 12A (pioneer).  He successfully completed basic airborne training and was awarded MOS 12A1P (parachutist qualified), effective 5 November 1965.  He served in the Dominican Republic from 13 November 1965 through 9 August 1966.  He was awarded primary MOS 36K2P (field wireman) effective 15 December 1966.  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 36K assigned to the Signal Company, 5th Special Forces Group (Airborne), 1st Special Forces, in Vietnam from 5 August 1967 to 30 April 1968.  He was assigned to Headquarters and Headquarters Company (HHC), 5th Special Forces Group (Airborne), 1st Special Forces, in Vietnam from 1 May 1968 to 20 May 1968 and his duty MOS is shown as 71B (clerk).  On 24 May 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Parachutist Badge as authorized awards.

4.  There are no orders for the Purple Heart in the applicant's service personnel records.

5.  The applicant's DA Form 20 does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam casualty roster.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart.

7.  Headquarters, U.S. Forces Dominican Republic, Special Orders Number 132, dated 18 May 1966, show the applicant received the Combat Infantryman Badge.

8.  There are no orders for a second award of the Combat Infantryman Badge in the available records.

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

10.  Army Regulation 600-8-22 states the Combat Infantryman Badge 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.  The regulation also states, "To date, a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of three conflicts:  World War II (7 December 1941 to 3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict.  Service in the Republic of Vietnam (after 1 March 1961) combined with qualifying service in Laos (19 April 1961 to 6 October 1962), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the demilitarized zone (after 4 January 1969), Grenada (23 October 1983 to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January 1991 to 11 April 1991) is recognized by one award only, regardless of whether a Soldier had served one or multiple tours in any or all of these areas."

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Purple Heart and there is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

2.  The evidence of record shows the applicant served as a field wireman and clerk assigned to the Signal Company and HHC, 5th Special Forces Group (Airborne), 1st Special Forces, during his assignment in Vietnam.  There is no evidence of record which shows he was an infantryman who served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Further, service in the Republic of Vietnam combined with service in the Dominican Republic is recognized by one award only, regardless of whether a Soldier served one or multiple tours in any or all of those areas.  Therefore, the applicant is not entitled to a second award of the Combat Infantryman Badge.



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)                                         AR20100000128



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ABCMR Record of Proceedings (cont)                                         AR20100000128



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