BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100011698 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states that during the 4 1/2 months he was assigned to
C Company, 1st Battalion, 28th Infantry, 1st Infantry Division, in the Republic of Vietnam (RVN), he was engaged in many firefights with the enemy and upon his departure from his unit, he received the Purple Heart and the Combat Infantryman Badge.  The applicant states he did not realize the awards were not on his DD Form 214 until he sought medical assistance from the Department of Veterans Affairs (DVA).  The applicant adds that he was awarded the medals in a ceremony prior to departing the RVN.

3.  The applicant provides a copy of his DD Form 214 and a 13-page internet Post-Traumatic Stress Disorder (PTSD) worksheet from the PTSD Help Network.

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 15 July 1968 and he successfully completed basic combat and advanced individual training.  He was awarded military occupation specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant arrived in Vietnam on 9 January 1969 and he was assigned to C Company,1st Battalion, 28th Infantry, 1st Infantry Division where he performed duties as a rifleman. 

4.  On 29 April 1969, the applicant was honorably discharged for the purpose of immediate reenlistment on 30 April 1969.  A copy of his DD Form 214 for this period of service is not contained in the available records.  On 5 May 1969, he was reassigned to the U.S. Army Depot, Cam Ranh Bay, RVN.  On 18 July 1969, the applicant was awarded MOS 76V (Equipment Storage Specialist).

5.  The applicant departed the RVN on 5 February 1970.  On 29 April 1972, he was honorably released from active duty after completing 3 years, 9 months, and 15 days of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of the applicant's DD Form 214 does not show award of the Purple Heart or the Combat Infantryman Badge.

7.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence that shows he was treated for wounds as a result of hostile action in the RVN.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or the Combat Infantryman Badge.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States 

Army Human Resources Command, failed to reveal any orders for the Purple Heart or the Combat Infantryman Badge pertaining to the applicant.

10.  The applicant's Army medical treatment records are not available for review.

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

12.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is also no evidence in the available records and the applicant has not provided any evidence that shows he was injured as a result of hostile action while assigned to an infantry unit engaged in active ground combat.

2.  Regrettably, lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

3.  Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman position with C Company, 1st Battalion, 28th Infantry, 1st Infantry Division before being reassigned to a support unit. However, he held the position for such a short period of time (January 1969 through May 1969) that there is insufficient evidence to show he met all the criteria required for award of the Combat Infantryman Badge.  There is no evidence in the available records and the applicant has not provided evidence that shows he participated in active ground combat as an infantryman.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100011698



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ABCMR Record of Proceedings (cont)                                         AR20100011698



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