IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100014983 


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 award of the Purple Heart for wounds received during active duty in the Republic of Vietnam and the Combat Action Badge.

2.  The applicant states as a result of a leg wound he believes he is entitled to award of the Purple Heart.  He also contends that his Bronze Star Medal with "V" Device entitles him to award of the Combat Action Badge.

3.  The applicant provides a copy of orders awarding him the Bronze Star Medal with "V" Device.

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.  On 12 August 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 17E (Searchlight).

3.  The applicant's available personnel records show he served in the Republic of Vietnam from 26 October 1969 to 4 August 1970.

4.  General Orders Number 4396, Headquarters, 1st Aviation Brigade, dated 28 May 1970, indicate the applicant was assigned to Battery H (Searchlight), 29th Artillery Regiment.  These orders awarded him the Bronze Star Medal for heroism in connection with military operations on 29 March 1970.  He distinguished himself by exceptionally valorous actions while serving as a searchlight section chief on a night mission at a special forces camp at Chi Lang.  When the camp came under mortar and ground attack, the applicant quickly informed the tactical operations center of the situation and then returned fire with his grenade launcher.  Without regard to his own safety, he returned fire and killed several sappers, stopping further breach of the perimeter.  The citation does not indicate that he was wounded during the action.

5.  On 5 August 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four and had completed 1 year, 11 months, and 24 days of creditable active duty service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal, Bronze Star Medal with "V" Device, and Vietnam Service Medal.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) is not available for review of item 40 (Wounds) or item 41 (Awards and Decorations).

8.  The applicant's name is not listed on the Vietnam casualty roster.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to any member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services, was wounded or killed or who died or may die after being wounded in any action against an enemy of the United States.  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.

11.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  

12.  Army Regulation 600-8-22 provides 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 provides 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and the Combat Action Badge.

2.  The available evidence clearly shows the applicant was decorated for heroism in combat; however, there is no available documentary evidence showing he was wounded as a result of any enemy action.  Therefore, his request for award of the Purple Heart should be denied.

3.  The Combat Action Badge was not authorized at the time of the applicant's military service.  Furthermore, retroactive awards prior to 2001 are not authorized.  Therefore, the applicant's request for award of the Combat Action Badge should be denied.

4.  In the event the applicant had meant to request award of the Combat Infantryman Badge, this award was also considered.  The available records clearly show he was not awarded an infantry MOS.  He was assigned to an artillery regiment in the Republic of Vietnam.  Based on this evidence, he did not qualify for award of the Combat Infantryman Badge.

5.  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)                                         AR20100014983



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ABCMR Record of Proceedings (cont)                                         AR20100014983



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