BOARD DATE:	  17 May 2011 

		DOCKET NUMBER:  AR20100027499 


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 awards of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states he was assigned to Company E, 3rd Battalion, 187th Infantry, 101st Airborne Division and he served in Vietnam from September 1969 to September 1970.  Most of his time was in the field where he was involved in several fire fights with some killed in action and wounded in action.  On one mission he hit two booby traps and two Soldiers were medically evacuated.  He had minor shrapnel wounds to both of his lower legs but he remained in the field with his team.

3.  The applicant provides three pages of Standard Form 600 (Chronological Record of Medical Care), two pages of photographs, and a newspaper article.

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 was inducted into the Army of the United States on 10 March 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 6 September 1969 to 2 September 1970 while assigned to 3rd Battalion, 187th Infantry, 101st Airborne Division.

3.  He was honorably released from active duty on 9 March 1971 and he 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.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, two overseas service bars, Bronze Star Medal, Air Medal, Vietnam Campaign Medal, Army Commendation Medal, and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

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

6.  Item 41 (Awards and Decorations) of his DA Form 20 contains the entry "Combat Infantryman Badge"; however, this entry has a line drawn through it.

7.  Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart or the Combat Infantryman Badge pertaining to the applicant.

8.  The Vietnam casualty listing, a compilation of all casualties during the Vietnam War, does not list him as a casualty.

9.  The applicant provides a Standard Form 600 that shows he was treated on 31 May 1970 for conjunctivitis (pink eye) at the 3rd Battalion, 187th Infantry Aid 


Station, in Vietnam.  The entry states, in pertinent part, the applicant had been on fire base Rakkasans where he was exposed to a great deal of dust.

10.  This Standard Form 600 also shows the applicant was treated at the aid station on 26 June 1970 for pyoderma (bacterial infection of the skin) on the backs of both legs.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

12.  Army Regulation 600-8-22 provides that 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 Regulation 672-1 (Decorations and Awards) provides 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.

13.  U.S. Army Vietnam Regulation Number 672-1 specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that 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.  The criteria for award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

2.  The evidence of record shows the applicant was treated for conjunctivitis and pyoderma while in Vietnam.  However, there is no evidence in his record and he did not provide any evidence that these wounds/injuries were caused by a hostile act on the part of the enemy.

3.  With respect to the award of the Combat Infantryman Badge, his infantry MOS and his assignment to an infantry unit during his service in Vietnam are not in question.  However, his records do not contain orders awarding him the Combat Infantryman Badge and the Combat Infantryman Badge entry in item 41 of his DA Form 20 is lined through.  Additionally, there is no evidence in the available records and he did not submit any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy. 

4.  In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground combat; regrettably, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

5.  Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20100027499





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ABCMR Record of Proceedings (cont)                                         AR20100027499



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