IN THE CASE OF:	  

		BOARD DATE:	    3 May 2011

		DOCKET NUMBER:  AR20100025791 


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 effect, award of the Purple Heart and the Combat Infantryman Badge.  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his assignment to an M113 (Armored Personnel Carrier) with infantry crew/personnel served weapons. 

2.  The applicant states he was wounded by fragments of a landmine.  The fragment was embedded in his lower jaw as shown on his dental x-rays.  He was involved in a landmine explosion that killed two of his buddies and injured him.  He has received multiple awards and decorations attesting to his conduct under fire and he believes he should also be entitled to award of to Combat Infantryman Badge.

3.  The applicant provides:

* Active list of certified manufacturers
* Letter of denial from the U.S. Army Human Resources Command (HRC)
* Photographs of individuals in desert fatigues, weapons, and equipment
* Sketch of a battle plan
* Identification card
* Society of 1st Infantry Division membership card
* Motor Vehicle Operator's Identification Card
* Blank casualty feeder report
* Equipment receipt
* Copies of dental x-rays

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 records show he enlisted in the Regular Army (RA) on 2 July 1986.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11E (Armor Crewman).  His MOS was later changed to 19K (M-1 Armor Crewmember).

3.  His records also show he reenlisted on 14 November 1988 and attained the rank/grade of specialist/E-4.  He served in Southwest Asia in support of Operations Desert Shield/Storm from 29 December 1990 to 9 May 1991.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 34th Armor.

4.  He was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal 
* Southwest Asia Service Medal with 3 bronze service stars
* Overseas Service Ribbon
* Kuwait Liberation Medal
* Bronze Star Medal
* Army Achievement Medal
* Expert Marksmanship Qualification Badge with Pistol Bar

5.  There is no indication in his records that shows he was injured or wounded in combat or that he held an infantry MOS.
6.  His service medical records do not show he was wounded in combat and/or treated for any combat wounds. 

7.  On 15 September 2010, by letter, an official at HRC notified him that he did not qualify for award of the Combat Infantryman Badge or the Purple Heart.  There was no evidence in his records and he provided none to show he was wounded in combat and treated or that he satisfactory performed infantry duties while his infantry unit was involved in actual combat.

8.  He submitted:

* An active list of certified manufacturers listing various entities that appear to deal with military equipment or supplies
* Various pictures of individuals, equipment, and weapon systems in a desert environment, and a sketch of an unknown battle plan
* Several identification or membership cards
* An unused casualty feeder report issues to Soldiers
* Copies of x-rays   

9.  Army Regulation 600-8-22 (Military Awards) provides for:

	a.  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.

	b.  The Combat Infantryman Badge is authorized for award for several qualifying wars, conflicts, and operations, including Operation Desert Storm.  There are basically 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.  

DISCUSSION AND CONCLUSIONS:

1.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for the award.

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  In this case, there is no evidence in the applicant's records and he did not provide any evidence that he was wounded or injured in action.  The x-rays and casualty feeder report he submitted do not show he was wounded in action.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding the Purple Heart to the applicant.

4.  With respect to the Combat Infantryman Badge, 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.

5.  In this case, the evidence of record shows he held an armor MOS and he was assigned to an armor unit.  There is no evidence he held or served in an infantry MOS or he was actively present while the infantry unit engaged in active ground combat.  Therefore, he is ineligible for award of 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)                                         AR20100025791



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ABCMR Record of Proceedings (cont)                                         AR20100025791



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