IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100025661 


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 the Combat Infantryman Badge.  He also requests correction of item 30 (Remarks) of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his civilian education as "12" instead of "11."

2.  The applicant states he received his General Educational Development (GED) prior to his enlistment.  He states he served on a Special Forces A-Team (Detachment A-242) in combat as a light weapons specialist from early June 1968 to 18 November 1968 and his camp was under enemy fire almost daily.  He states he was on at least 14 combat missions and he received shrapnel wounds on 14 September 1968.  He states a lieutenant in charge of the operation witnessed his wounds and he [the lieutenant] himself was wounded and medically evacuated (MEDEVAC) out of the area.

3.  The applicant provides:

* Statement of High School Equivalence
* an Official Report of Test Results
* a statement from a retired Army colonel (COL), dated 1 September 2010
* a statement from a former Army captain (CPT) , dated 13 September 2010

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.  He enlisted in the Regular Army on 7 March 1966 for 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 73C (Finance Specialist).

3.  Item 24 (Civilian Education) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he completed 8 years of grammar school,
4 years of high school, and he received a GED.

4.  He served in the Republic of Vietnam from 29 July 1967 to 3 November 1968. He was assigned to:

* Headquarters and Headquarters Company, 5th Special Forces Group (Airborne) from 1 August 1967 through 9 July 1968
* 22nd Finance, 1st Logistics Command from 10 July through 27 July 1968
* B Company, 5th Special Forces Group (Airborne) from 28 July to 
18 November 1968

5.  On 26 February 1968, he was promoted to specialist five (SP5)/E-5 in
MOS 73C.

6.  On 20 November 1968, he was honorably released from active duty.  He completed 2 years, 8 months, and 14 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart or the Combat Infantryman Badge.  Item 30 (Remarks) shows his civilian education as 11 years.

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

8.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart or the Combat Infantryman Badge.

9.  There are no orders in the applicant's military service record awarding him the Purple Heart or the Combat Infantryman Badge.

10.  The applicant's name does not appear on the Vietnam casualty listing.

11.  The applicant submitted a statement from a retired Special Forces COL, dated 1 September 2010.  The COL stated he assumed command of Special Forces Detachment A-242 on 8 October 1968 as a CPT.  The COL gave a detailed account of the location and the conditions of the camp.  He stated they were fairly close to Laos and the North Vietnamese regularly launched attacks on the camp as well as sabotage activity inside the camp which caused wounds as well as deaths to the camp population as well as the Special Forces Team.  He stated the applicant always volunteered for combat operations and he performed extremely well under hostile fire.  He was quick to organize the strikers for defense or attack as the situation required.  He spent 5 months performing the duties of a Special Forces sergeant where hostile fire was a daily occurrence.  The COL was surprised the applicant was not awarded the Combat Infantryman Badge.

12.  The applicant submitted a statement from a former Special Forces CPT, dated 13 September 2010.  The CPT stated he was the executive officer of Special Forces Detachment A-242.  The CPT attests to the applicant's courage under fire.  The CPT states the applicant sustained severed shrapnel wounds to both of his hands during a mortar attack where he was also wounded.  Neither the applicant nor the CPT required immediate MEDEVAC so they continued on their mission.  The CPT was eventually MEDEVAC'd out of the area and he did not see the applicant again.

13.  The CPT's name does not appear on the Vietnam casualty listing.

14.  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.

15.  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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states 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.

16.  Army Regulation 635-5 (Separation Documents), then in effect, stated a Soldier's highest civilian education level was to be entered in item 30 of his 
DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The statements from the COL and the CPT both bear witness to the applicant's participation in ground combat.  However, the regulation is specific in that a Soldier must have an infantry MOS to be awarded the Combat Infantryman Badge.  The applicant was awarded MOS 73C, a non-infantry MOS, and there is no evidence that he was ever awarded an infantry MOS.  Therefore, there is an insufficient basis to award him the Combat Infantryman Badge.

2.  The CPT stated both he and the applicant were wounded during a mortar attack.  However, there is no official record to corroborate his statement.  There are no entries in the applicant's military records indicating the applicant was wounded as a result of hostile action and he is not listed on the Vietnam casualty listing.  His service medical records were not available for review.  It is also noted that the CPT's name is not listed on the Vietnam casualty listing either.  Therefore, there is insufficient evidence to award the applicant the Purple Heart in this case.

3.  His enlistment documents show he completed 8 years of grammar school, 
4 years of high school, and he received a GED.  Therefore, it would be appropriate to correct item 30 of his DD Form 214 to show he completed
12 years of civilian education and he received a GED.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 30 of his DD Form 214 the entry "CIVILIAN EDUCATION:  11" and replacing it with the entry "CIVILIAN EDUCATION:  12 (GED)."

2.  The Board further determined that 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 the Purple Heart and the Combat Infantryman Badge.



      __________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)                                         AR20100025661



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ABCMR Record of Proceedings (cont)                                         AR20100025661



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