IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100013727
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Purple Heart and the Combat Infantryman Badge.
2. He states he was shot twice while serving in the Republic of Vietnam and his DD Form 214 does not reflect this information.
3. He 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 applicants 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 applicants 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 8 April 1969. He completed training in military occupational specialty (MOS) 11B (Light Weapons Infantryman). He arrived in Vietnam on 28 September 1969 and he was assigned to Company D, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division. He departed Vietnam on 27 September 1970 en route to his next duty station at Fort Carson, CO.
3. He served at Fort Carson until he was honorably released from active duty on 22 April 1971 at the expiration of his term of service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show any awards of the Purple Heart or the Combat Infantryman Badge.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. His records do not show he was wounded in action by enemy forces or that he engaged in active ground combat while he was in Vietnam.
6. There are no orders in the applicant's records showing he was awarded the Purple Heart and his name is not shown on the Vietnam Casualty Listing. There are also no orders in his records showing he was awarded the Combat Infantryman Badge.
7. There are no medical records in his Official Military Personnel File that show he was wounded in action in Vietnam.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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 by medical personnel, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted; however, they are not substantiated by the evidence of record.
2. There is no evidence in the available record, nor has the applicant submitted any evidence, to show he is authorized any awards of the Purple Heart or the Combat Infantryman Badge.
3. There is no evidence the applicant was wounded in action in Vietnam. His name does not appear on the Vietnam Casualty Listing and item 40 of his DA Form 20 does not contain any entry describing the extent of his wounds and the dates incurred.
4. While it is clear that the applicant held an infantry MOS and served in an infantry unit, his records do not show that he ever engaged in active ground combat with his infantry unit in Vietnam.
5. 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) AR20100013727
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ABCMR Record of Proceedings (cont) AR20100013727
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