BOARD DATE: 8 September 2010
DOCKET NUMBER: AR20100008438
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 record to show award of the Purple Heart and the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he is eligible for award of the CIB because he was an 11B (Rifleman) in the Republic of Vietnam (RVN) from 3 July 1966 to 27 July 1967. He also states he is entitled to award the Purple Heart after being treated on 6 November 1966 at the 4th Cavalry Dispensary for wounds received during a claymore mine explosion.
3. The applicant submits a copy of his Department of Veteran Affairs Rating Decision and a copy of his Standard Form (SF) 600 (Chronological Record of Medical Care).
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's records show he enlisted in the Regular Army (RA) on
17 June 1965 for 3 years. Item 22 (Military Occupational Specialties (MOS)) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 11E (Armor Crewman) on 29 October 1965.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the RVN from 31 July 1966 through 27 July 1967 in the following duty MOS and principal duty:
* 17 August 1966 - 13 November 1966 in MOS 11B as a rifleman with
A Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division
* 14 November 1966 - 25 July 1967 in MOS 11E as a gunner with the same unit
4. Item 40 (Wounds) of the applicants DA Form 20 is blank, indicating that he was not wounded during his active duty service.
5. The Vietnam Casualty Roster does not list the applicant's name as wounded in action.
6. The applicant submitted a page of his SF 600 which shows he was seen at the 4th Cavalry Dispensary for a myriad of complaints since he was slightly wounded by a claymore explosion. Most complaints were referable to small scratches and bruises which would heal without treatment.
7. The applicant submitted a copy of his rating decision from the VA, dated
21 November 1994, which states the following:
* Service in the RVN from 31July 1966 to 27 July 1967, Rifleman, 11B
* Applicant received no awards for valor nor was he wounded
8. On 14 June 1968, the applicant was released from active duty (REFRAD). He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed a total of 2 years, 11 months, and 28 days of net active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), and the Army Commendation Medal.
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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's name is not listed on the RVN Casualty Roster. The evidence shows he was slightly injured when a claymore mine exploded and his small scratches and bruises would heal without treatment. Regrettably, in the absence of evidence of a wound received from a hostile action requiring treatment by a medical officer and such treatment was made a matter of official record, there is no basis for granting the applicant's request for award of the Purple Heart.
2. The available evidence shows the applicant served in an infantry MOS in an infantry unit. However, the evidence does not show that he engaged in active ground combat while serving with his unit. Regrettably, there is insufficient evidence on which to base 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) AR20100008438
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