BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100027863 


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 reconsideration of his request for award of the Purple Heart.  He also requests award of the Combat Infantryman Badge (CIB), which is a new issue.

2.  The applicant states:

* He should have received the Purple Heart
* There is no record of his hospital stay in Vietnam
* He was wounded by a grenade fragment in his left upper leg when he was getting off a helicopter
* He stepped on a punji stake and his wound got infected 
* He has cirrhosis of the liver and irritable bowel syndrome
* He was diagnosed with Post Traumatic Stress Disorder
* He served two tours in Vietnam with the 4th Infantry Division
* He was awarded the Air Medal in 1969
* In October 1969 he and a fellow Soldier were injured while on a combat mission and they both spent time at a U.S. Army hospital in Vietnam 

3.  The applicant provides:

* Amendment orders, dated 7 June 2010, for the Air Medal
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* Letter, dated 7 June 2010, from the Army Review Boards Agency in St. Louis, MO
* Statement from a fellow Soldier
* Orders and citation for the Air Medal

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090015757, on 29 April 2010.

2.  His contentions that he was wounded by a grenade fragment, that he stepped on a punji stake, and that he was injured while on a combat mission in October 1969 are new arguments which will be considered by the Board.  

3.  The statement from the fellow Soldier is also new evidence which will be considered by the Board.

4.  He enlisted in the Regular Army on 25 June 1968 for a period of 3 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  His inclusive dates of service in Vietnam are not available.  Headquarters, 4th Infantry Division orders show he assigned to Headquarters and Headquarters Company (HHC), 3rd Brigade in Vietnam from April 1969 to April 1970.  His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 20 August 1970 and he served in MOS 11B assigned to the 14th Security Platoon in Vietnam from 20 September 1970 to 10 June 1971.  On 
16 June 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

5.  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 CIB as authorized awards.  His DD Form 214 shows he served in Vietnam from 20 April 1970 to 16 June 1971.  His DD Form 214 also shows he was separated from the service on temporary records and a Soldier's affidavit.

6.  There are no orders for the Purple Heart or CIB in the available records.  



7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  His name does not appear on the Vietnam casualty roster.  

8.  His record contains a Standard Form (SF) 88 (Report of Medical Examination) that was completed during his separation medical examination on 16 June 1971.  This form makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  Items 36 (Feet) and 37 (Lower Extremities) of this SF 88 show he was rated normal.

9.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  He provided a statement from a fellow Soldier at the time in question, dated 19 April 2011.  He attests:

* From April 1969 to April 1970 he was stationed in Vietnam with the 4th Infantry Division
* From April 1969 to January 1970 he was assigned to the 4th Infantry, 3rd Brigade, Long Range Reconnaissance Patrol (LRRP) unit
* The applicant served with him as a member of the 4th Infantry, 3rd Brigade, LRRP team from May 1969 to January 1970 and was involved in many combat situations
* They were awarded the Air Medal in 1969
* This award is issued only to those individuals who take part in combat situations
* In October 1969 they were both injured while on a combat mission and spent time at an Army hospital    

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 CIB 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 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.  He contends he was wounded by a grenade fragment in his left upper leg, he stepped on a punji stake, and in October 1969 he was injured while on a combat mission in Vietnam.  However, no evidence of record shows he was wounded or injured as a result of hostile action in Vietnam.  His SF 88 during his separation physical examination on 16 June 1971 makes no mention of any injuries or wounds sustained as a result of hostile action and his feet and lower extremities were rated normal.  There are no orders for the Purple Heart in the available records.  In the absence of orders or other evidence of record showing he was injured or treated for wounds as a result of hostile action in Vietnam, the statement provided by the applicant alone is not sufficient as a basis for award of the Purple Heart.  Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case.

2.  The evidence of record shows he held an infantry MOS and served in an infantry MOS while assigned to HHC, 3rd Brigade of the 4th Infantry Division and the 14th Security Platoon in Vietnam.  There are no orders for the CIB available.  In addition, there is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  In the absence of orders for the CIB, the statement provided by the applicant is not sufficient in itself as a basis for award of the CIB.  Regrettably, there is insufficient evidence on which to base award of the CIB in this case.


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 to amend the decision of the ABCMR set forth in Docket Number AR20090015757, dated 29 April 2010.

2.  With regard to the applicant's new issue that he be awarded the CIB, the Board further determined that 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)                                         AR20100027863



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ABCMR Record of Proceedings (cont)                                         AR20100027863



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