IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100012479 


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

2.  The applicant states he had approximately 14 months of actual combat time in Vietnam between 1967 and 1968.  During this time, he served in military occupational specialty (MOS) 31B (Field Communications Electronics Equipment Repairman) and MOS 05B (Radio Operator). 

3.  He contends he was out on listening posts almost every week.  During one of the missions, the team was responsible for directing aircraft, artillery and mortar fire.  The team was led by an Army lieutenant who received a Bronze Star Medal, while the rest of the team received nothing.  He states he performed his job well and he performed under hostile fire.  He wants the CIB.

4.  During a mortar attack, he was hit in the right buttocks.  The medic took care of it and went on to attend to the more seriously wounded.  The applicant states his wound did not add up to much in his mind, but after learning that a U.S. Senator received a Purple Heart for an injury that was much less severe, he believes he deserves award of the Purple Heart for his injury.  

5.  The applicant provides a copy of his DD Form 214. 



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 was inducted into the Army of the United States on 23 August 1966.  He was trained in and awarded MOS 31B.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

* in item 38 (Record of Assignments) he was assigned to Vietnam with Company D, 815th Engineer Battalion (Construction) with duty in MOS 05B (Radio Operator) from 24 March 1967 – 1 June 1968
* Item 40 (Wounds) contains no entries. 
* Item 41 (Awards and Decorations) does not show award of the CIB or the Purple Heart

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal 
* Army Good Conduct Medal (First Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  On 29 May 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 9 months, and 6 days of total service and 1 year, 2 months, and 5 days of foreign service. 

6.  The applicant's name is not listed on the Vietnam Casualty Roster.  His record is void of any medical documentation showing he was wounded as a result of hostile action or received any decorations for valor or gallantry in combat action during his service in the RVN.

7.  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 pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry and warrant officers and enlisted personnel who have an infantry MOS.  Individuals must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  In addition, U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations), provided guidance for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations. 

9.  Army Regulation 600-8-22 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he deserves award of the CIB for serving as a radio operator in Vietnam and the Purple Heart as a result of a wound he received during a mortar attack.  His case was carefully considered and the evidence does not support his contentions. 

2.  The applicant was assigned as a radio operator in a construction engineer battalion during his entire tenure in Vietnam.  The available evidence does not show that he held an infantry MOS while assigned to an infantry unit and actively participated in ground combat with that unit or that he accompanied infantry units on tactical operations.  Therefore, the evidence is not sufficient to support award of the CIB.

3.  The available record is void of evidence and the applicant has not provided sufficient evidence to show he was wounded or treated for wounds as a result of hostile action during his service in Vietnam.  Regrettably, his statement alone is not sufficient evidence to support award of the Purple Heart.  

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)                                         AR20100012479



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ABCMR Record of Proceedings (cont)                                         AR20100012479



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