IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100023556 


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 two applications, award of the Combat Infantryman Badge (CIB) and the Purple Heart.

2.  The applicant states that he served as an infantryman with the 52d Security Detachment that was responsible for the security of Camp Holloway and the airfield in South Vietnam and required him to perform infantry duties and resulted in several enemy contacts.  He goes on to state that he experienced acoustic trauma from a .45 caliber during an attack on Camp Holloway on 28 May 1969 and he has suffered ringing in his ears ever since.  He also states that he is receiving a 10 percent (%) disability rating percentage from the Department of Veterans Affairs (VA) for this injury.

3.  The applicant provides:

* A copy of a photograph
* A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 August 1971
* A DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 September 2002
* A DD Form 215 (Correction to DD Form 214) for the period ending
15 September 2002, dated 5 September 2006
* A copy of the unit history for the 52d Combat Aviation Battalion
* A copy of orders assigning him to the 52d Aviation Battalion effective
19 January 1969, dated 16 January 1969


* Orders assigning him to the 52d Security Detachment, dated 18 January 1969
* Orders promoting him to the rank/grade of staff sergeant (SSG)/E-6 in the 52d Security Detachment
* Copies of medical treatment records showing he was treated for acoustic trauma on 29 May 1969 when a .45 pistol went off near his ear
* A copy of a letter from the Human Resources Command, Alexandria (HRC-Alexandria), VA to the applicant’s congressional representatives regarding the applicant’s claim that he should have been awarded the Silver Star for his heroic actions in Vietnam
* A copy of a letter from HRC-Alexandria to the applicant responding to the applicant’s letter regarding his claim that he should have been awarded the Bronze Star Medal with “V” Device, Purple Heart, and the CIB for his service in Vietnam
* A copy of a letter from the applicant to a Service Organization soliciting assistance in obtaining awards of the Silver Star or Bronze Star Medal with “V” Device, Purple Heart, and the CIB.

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
16 November 1965.  He completed his basic training at Fort Jackson, SC and his advanced individual training as an infantryman at Fort Gordon, GA.  He served the remainder of his term at Fort Benning, GA where he was honorably released from active duty (REFRAD) on 30 November 1967.

3.  On 23 February 1968, he enlisted in the Regular Army for assignment to Europe and was transferred to Germany.  He volunteered for assignment to Vietnam and he was transferred to Vietnam on 14 January 1969.

4.  He was assigned to the 52d Security Detachment, 52d Aviation Battalion, 17th Aviation Group at Camp Holloway (Pleiku) for duty as a squad leader and subsequently as a section leader.  In September 1969, he was assigned the duties of “EM/NCO [Enlisted Member/Noncommissioned Officer] Open Mess Secretary/Custodian” in military occupational specialty (MOS) 94P4M.

5.  In November 1969, orders were published transferring the applicant to Fort Campbell, KY in the MOS 76Y as a unit supply sergeant.  He departed Vietnam on 22 January 1970 for assignment to Fort Campbell.

6.  He remained at Fort Campbell until he was honorably REFRAD on 20 August 1971 in the rank/grade of SSG/E-6 and primary MOS 76Y.  He had served 5 years, 6 months, and 13 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

7.  On 1 February 1972, he enlisted in the U.S. Army Reserve (USAR) in MOS 76Y and he continued to serve through a series of continuous reenlistments.  He was promoted to Command Sergeant Major (CSM)/E-9 on 2 February 1984.

8.  On 31 August 1987, he was issued his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) which informed him that he would be eligible for Non-Regular Retired Pay upon application on 20 December 2004.

9.  A review of the available records as well as the Vietnam casualty listing failed to show that the applicant was wounded as a result of enemy action or that he was ever reported as a casualty while serving in Vietnam.  A review of the available evidence also fails to show any indication that the applicant held an infantry MOS and served in an infantry unit that engaged enemy forces while in Vietnam.

10.  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.

11.  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.  While the sincerity of the applicant’s claim that he is entitled to awards of the CIB and the Purple Heart are not in doubt, he has failed to show through the evidence submitted with his application and the evidence of record does not show that he was wounded/injured as a result of enemy action and that he engaged the enemy in combat while serving as an infantryman in an infantry unit.

2.  Notwithstanding that the applicant was assigned to a security detachment of an aviation battalion in Vietnam, there simply is insufficient evidence to establish what the applicant’s role was at the time, especially 40+ years after the fact.  In addition, he was assigned to an aviation unit.  One of the criteria for award of the Combat Infantryman Badge is to be assigned or attached to an infantry unit.

3.  Although he has provided evidence to show that he sought treatment for an acoustic trauma after a .45 caliber pistol was fired near his ear, there simply is no evidence to show that it was the result of enemy action.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20100023556



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ABCMR Record of Proceedings (cont)                                         AR20100023556



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