BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100019703 


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 Purple Heart and Combat Infantryman Badge.

2.  The applicant states that prior to his discharge he was to be awarded the Purple Heart for injuries he received in Vietnam, to include having teeth knocked out by the butt of a rifle and shrapnel wounds to his right arm.  He was also to be awarded the Combat Infantryman Badge.

3.  The applicant provides a Department of Veterans Affairs Form 10-10 (Application for Medical Benefits).

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 25 June 1968.  He completed initial entry training, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows that while he was in Vietnam he was assigned to Company A, 39th Engineer Battalion, during the period 14 December 1968 to 30 April 1969 with his principal duty assignments as a pioneer and heavy dump truck driver.  This form further shows he was assigned to Company B, 1st Battalion, 5th Infantry, 25th Infantry Division, as a rifleman during the period 1 May 1969 to 1 December 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam (RVN) Campaign Medal, Bronze Star Medal, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Pistol Bar, and Expert Marksmanship Qualification Badge with Rifle Bar.

5.  Headquarters, 25th Infantry Division, Special Orders Number 134, dated 14 May 1969, awarded him the Combat Infantryman Badge.

6.  He was honorably released from active duty on 24 June 1970 and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of creditable active service.

7.  Item 40 (Wounds) of his DA Form 20 is blank.

8.  His name does not appear on the Vietnam casualty roster.

9.  The available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Purple Heart by proper authority.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the RVN.  It shows the unit the applicant was assigned to while serving in the RVN was awarded the:

	a.  RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 5, dated 1973, and

	b.  RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 9, dated 1979.

12.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

13.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was to be awarded the Purple Heart for injuries received in Vietnam.  However, there is no evidence in his available military personnel records or any corroborating evidence provided by him which shows he was wounded or injured as a result of hostile action, that the wound required treatment by medical personnel, or that the medical treatment was made a matter of official record.

2.  His DA Form 20 does not show he was wounded and his name is not listed on the Vietnam casualty roster.

3.  In the absence of evidence he was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, there is insufficient basis for granting his requested relief.

4.  Special orders show he was awarded the Combat Infantryman Badge.  Therefore, he is entitled to have his DD Form 214 corrected to show this badge.

5.  His records show he was authorized the Vietnam Service Medal and that he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars to be worn on his Vietnam Service Medal.

6.  He was assigned to a unit during a period of time the unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7.  In view of the foregoing, his records should be corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends item 24 of the DD Form 214 of the individual concerned be corrected by:

* adding the Combat Infantryman Badge
* adding the RVN Gallantry Cross with Palm Unit Citation
* adding the RVN Civil Actions Honor Medal First Class Unit Citation
* amending it to read Vietnam Service Medal with four bronze service stars

2.  The Board further determined  the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



      ___________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)                                         AR20100019703



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ABCMR Record of Proceedings (cont)                                         AR20100019703



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