IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100012182 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart and the Combat Infantryman Badge for his service in the Republic of Vietnam.

2.  The applicant states he was awarded the Purple Heart and Combat Infantryman Badge but they were not entered on his DD Form 214.

3.  The applicant provides no additional documents.

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.  At the time of his application, the applicant was retired from the U.S. Army Reserve in the rank of master sergeant, E-8.
3.  On 5 April 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) for his military service from April 1967 to April 1969 is not in the available records.

5.  The applicant's DD Form 214 effective 4 April 1969, shows:

	a.  he served in the U.S. Army Pacific (USARPAC) for 1 year;

	b.  he held MOS 11B;

	c.  he was awarded the Vietnam Service Medal with two bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar; and

	d.  was transferred to the U.S. Army Reserve Control Group (Annual Training) on 5 April 1969.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in the Republic of Vietnam from 22 September 1967 to 21 September 1968.

7.  In August 1991, the applicant was ordered to active duty and deployed to Saudi Arabia for duty with the 338th Finance Support Unit.

	a.  He was redeployed on 1 October 1991 and assigned to the 5th Finance Support Unit located at Fort Polk, Louisiana; and

	b.  was released from active duty on 19 February 1992 and transferred to the 336th Finance Support Unit located in Lake Charles, Louisiana.

8.  The applicant's DD Form 214 ending on 19 February 1992 lists his awards as the Southwest Asia Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal with two bronze service stars, Army Forces Reserve Medal, Army Label Button, Army Reserve Components Achievement Medal with 3rd Oak Leaf Cluster, Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 3, National Defense Service Medal, and the Overseas Service Ribbon with Numeral 2.

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.

10.  The applicant's service medical records were not available for review.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.   ADCARS is 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.

12.  Army Regulation 600-8-22 (Military Awards):

	a.  Provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  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.

	b.  Provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

13.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Purple Heart and Combat Infantryman Badge for his service in the Republic of Vietnam.

2.  There are no available general orders awarding the applicant the Purple Heart.  The Vietnam Casualty Roster does not contain the applicant's name.  The applicant's DA Form 20 and his service medical records are not available for review.  The applicant has not provided substantiating evidence to support his contention that he was wounded as a result of enemy action.

3.  The evidence clearly shows the applicant was awarded an infantryman MOS during his first term of active duty service and was assigned to the Republic of Vietnam.  However, it does not sufficiently show that he was assigned to an infantry unit of brigade, regimental or smaller size, or that he had engaged in active ground combat.

4.  In view of the above, the applicant's request should be denied.

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)                                         AR20100012182





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ABCMR Record of Proceedings (cont)                                         AR20100012182



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