BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100015056 


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 award of the Combat Infantryman Badge.

2.  The applicant states he earned the Combat Infantryman Badge on 2 June 1968 when he "earned" his Purple Heart.  He states he needs this award to support his claim of post-traumatic stress syndrome.

3.  The applicant did not provide any documentary evidence in support of his application.

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 9 May 1967. He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 28 April 1968 to 21 April 1969 and he was assigned to Company C, 2nd Battalion, 8th Infantry, 4th Infantry Division.

4.  General Order Number 3099 published on 12 July 1968 by Headquarters, 4th Infantry Division, awarded the applicant the Purple Heart for wounds incurred on 2 June 1968.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Combat Infantryman Badge.  His personnel service record does not contain special orders announcing award of the Combat Infantryman Badge.

6.  On 21 April 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he completed 1 year, 11 months, and 13 days of active service.  Item 12c (Foreign and/or Sea Service) shows 11 months and 22 days of foreign service in the U.S. Army Pacific Command.

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

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M16)
* Purple Heart
* Army Commendation Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* two overseas service bars

8.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states there are three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy.

	b.  Army Regulation 600-8-22 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.

	c.  Army Regulation 600-8-22 also states, when contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact the proposed recipient was participating in direct or indirect combat operations is a prerequisite, but is not sole justification for award.  Examples of enemy-related injuries include injury caused by enemy bullet, shrapnel, or other projectile created by enemy action to include an enemy-placed trap or mine and/or injuries caused by a vehicle or aircraft accident that resulted from enemy fire or concussion injuries caused by enemy-generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The Board acknowledges the applicant is a recipient of the Purple Heart.  However, entitlement to the Purple Heart does not convey to an award of the Combat Infantryman Badge.  A Purple Heart is an entitlement based on an injury caused by an enemy bullet, shrapnel, or other projectile created by the enemy to include enemy-placed mines and traps.  A Purple Heart can also be awarded for injury caused by an enemy vehicle or aircraft accident resulting from enemy fire or enemy-generated explosion.

2.  The applicant has not provided evidence nor is there evidence available in his service records to show how the enemy caused his injury.  Therefore, without conclusive evidence showing the applicant was engaged in direct fire with enemy forces during combat operations, there is no conclusive evidence upon which to base award of the Combat Infantryman Badge.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

4.  In view of the foregoing, there is insufficient basis to award him the Combat Infantryman Badge.

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)                                         AR20100015056



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ABCMR Record of Proceedings (cont)                                         AR20100015056



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