IN THE CASE OF:	  

		BOARD DATE:	  29 October 2010

		DOCKET NUMBER:  AR20100012512 


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, on two separate applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) and the Purple Heart.

2.  The applicant states he received a paper citation that awarded him the CIB.  He adds that he was in combat for several months in Vietnam and participated in many missions in the air and on the ground.  He further states he needs Department of Veterans Affairs (VA) medical help for his disability.  He also maintains that he is entitled to the Purple Heart.  He adds he refused the medal after he was injured in Vietnam.  The applicant states he was injured and required stitches in his left arm.

3.  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's military records show he enlisted in the Regular Army on
17 June 1968.  After completing basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  The applicant served in Vietnam from 23 November 1968 to
11 November 1969.  He was honorably released from active duty on 16 March 1970 to attend school.

3.  Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB or the Purple Heart.  The applicant's military service records also do not contain any orders awarding him the CIB or the Purple Heart.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that during his tour of duty in Vietnam, he was assigned to Company D, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), as an 11B rifleman, from 23 November 1968 through 14 February 1969.  He was further assigned to Headquarters and Headquarters Company, 1st Battalion,
5th Cavalry, 1st Cavalry Division, as an 11B automatic rifleman, from
15 February 1969 through 10 November 1969.  On 11 November 1969, he departed Vietnam en route to his next assignment at Fort Carson, CO.

5.  Item 40 (Wounds) of the applicant's DA Form 20 shows no entries for any wounds received.

6.  There is no documentation in the available records and the applicant did not provide any evidence that shows he sustained wounds or was treated for wounds incurred as a result of hostile action.  His name is also not listed on the Vietnam casualty roster.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB or the Purple Heart.  

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to show the applicant was awarded or entitled to award of the CIB.  Although the evidence shows he held an infantry MOS and performed infantry duties, there is no evidence to show he served in an infantry unit of brigade size or smaller while in active ground combat, which is required by regulation for award of the CIB.  Therefore, there is insufficient evidence to show he met the minimum eligibility requirements for award of the CIB.

2.  There are no general orders available which awarded the applicant the Purple Heart.  There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam.  The applicant did not provide any evidence to support award of the Purple Heart.  In the absence of such evidence, there is an insufficient basis for award of the Purple Heart.

3.  The ABCMR does not correct records solely for the purpose of making the applicant eligible for veterans or medical benefits.  Additionally, the granting of veteran's benefits is not within the purview of the ABCMR.  Any questions regarding eligibility for health care and other benefits should be addressed to the VA.

4.  In view of the foregoing, there is an insufficient basis for award of the CIB or 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)                                         AR20100012512



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ABCMR Record of Proceedings (cont)                                         AR20100012512



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