IN THE CASE OF:
BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100027008
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and the Combat Infantryman Badge.
2. The applicant states, in effect:
* he was injured in Vietnam on 27 October 1969
* his injuries included blown out ear drums, burns on his right arm, and shrapnel in his right arm
* he was medically evacuated to the 95th Evacuation Hospital
* he was hospitalized for 90 days as a result of his burns
3. The applicant provides a copy of his DD Form 214.
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, as 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 enlisted in the Army on 20 August 1968. He completed training as a light weapons infantryman.
3. He arrived in Vietnam on 25 May 1969. He was assigned to Company E, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade, on 8 June 1969.
4. The applicant's official military records do not show he was wounded in action against an enemy force while he was in Vietnam. His records also do not show he engaged in active ground combat while he was in Vietnam.
5. The applicant departed Vietnam en route the United States on 11 July 1970. He was released from active duty on 13 July 1970 as an overseas returnee.
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart or the Combat Infantryman Badge.
6. There are no orders in the applicant's records showing he was awarded the Purple Heart or the Combat Infantryman Badge and his name is not shown on the Vietnam casualty listing.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart or the Combat Infantryman Badge.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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.
9. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted; however, they are not substantiated by the evidence of record.
2. Neither his official military records nor the Vietnam casualty listing show he was wounded in action against an enemy force while he was in the Army. Although it is clear he was an infantryman, his records do not show that he ever engaged in active ground combat when he was in Vietnam.
3. As previously stated, there are no orders in ADCARS or in his official records awarding him the Purple Heart or the Combat Infantryman Badge.
4. In view of the foregoing, the applicant's request should be denied.
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 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) AR20100027008
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100027008
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