IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100012106 


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 he was awarded the Purple Heart (1st Oak Leaf Cluster), the Combat Infantryman Badge (CIB), and the Army Commendation Medal (ARCOM).

2.  The applicant states he believes he is eligible for the ARCOM based on holding the rank of specialist/E-4 while assigned to Troop C, 1st Squadron, 1st Cavalry Regiment.  He claims the National Personnel Records Center (NPRC) in St. Louis, MO, sent him the CIB without orders for this award.  He states he worked in military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist) while in the Cavalry.  He spent 95 percent of his time in the bush, working alongside the infantrymen as one of the M-60 machine gunners.

3.  He also questions if he is entitled to an oak leaf cluster for his previously-awarded Purple Heart.  He states he received multiple wounds in the same firefight.

4.  The applicant provides copies of the following:

* a Surgeon General (SG) Form 84 (Clinical Record Cover Sheet), dated 2 February 1970
* a Department of Veterans Affairs (VA) Rating Decision letter, dated 14 December 2000
* a company journal log sheet, dated 12 August 1969
* a DA Form 1577 (Authorization for Issuance of Awards)
* his DD Form 214
* his DD Form 215 (Correction to DD Form 214), dated 4 August 1992

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 the Regular Army on 6 October 1967 for a period of 3 years.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 63A (Mechanical Maintenance Helper).

3.  The applicant was assigned to Troop C, 1st Squadron, 1st Cavalry Regiment, during his period of service in Vietnam from 6 June 1969 through 2 September 1969.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served in duty MOS 63C (General Vehicle Repairman) during this tour of duty.  This form also shows he was medically evacuated to the Medical Holding Company, 106th General Hospital, Vietnam, on 16 August 1969.

4.  Item 40 (Wounds) of his DA Form 20 shows he received multiple fragment wounds in both legs and a fracture to his right tibia on 12 August 1969.

5.  His DD Form 214 shows he was honorably released from active duty on 15 October 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 3 years of total active service and 3 months and 26 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  His DD Form 215 shows the Purple Heart, Army Good Conduct Medal, and Republic of Vietnam Campaign Medal with Device (1960) were added to his DD Form 214.

7.  The SG Form 84 shows he was admitted to the hospital on 2 September 1969 for treatment of an open right tibia fracture and multiple grenade fragmentation wounds he received to both his lower extremities in Vietnam.

8.  There are no orders in the applicant's military service records which show he was awarded the Purple Heart (1st Oak Leaf Cluster) or the CIB.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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.  This document also states that a Purple Heart is authorized for the first wound suffered, but for each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force explosion, or agent.

10.  Army Regulation 600-8-22 states that 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show he was awarded the Purple Heart (1st Oak Leaf Cluster), the CIB, and the ARCOM was carefully considered; however, it was not supported by the evidence provided.

2.  The evidence of record shows the applicant was awarded the Purple Heart for wounds he sustained on 12 August 1969.  The military awards regulatory guidance states that not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force explosion, or agent.  As a result, he is not entitled to a second award of the Purple Heart.

3.  There is no evidence in the available records and the applicant provided insufficient evidence for award of the CIB.  His records show he was awarded MOS 63A and he served in duty MOS 63C during his tour of duty in Vietnam.  In accordance with regulatory guidance, these are not among those MOS's which qualify an individual for award of the CIB.  As a result, the applicant is not entitled to this badge.

4.  While the available evidence is insufficient for awarding the applicant an Army Commendation Medal, this in no way affects his to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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)                                         AR20100012106



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ABCMR Record of Proceedings (cont)                                         AR20100012106



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