IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100028174
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 (CIB).
2. He states he received an emergency discharge for hardship and the paperwork was rushed through the system.
3. He provides no additional evidence.
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 applicants 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 applicants 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 military records show he enlisted in the Regular Army on
6 December 1968. After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 63C (General Vehicle Mechanic). He served in Vietnam from 21 July to 26 December 1969. On
4 January 1970, he was honorably released from active duty under the provisions of chapter 6, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), due to hardship.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list the Purple Heart or CIB. His military service records do not contain any general orders awarding him the Purple Heart or CIB and his name is not listed on the Vietnam Casualty Roster.
4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) lists the effective date of his assignment, the duty MOS, the principal duty, and the organization during his assignments in Vietnam. This form shows from 1 August to 30 October 1969 he served in MOS 11E as the Vehicle Commander and from 31 October to 26 December 1969 he served in MOS 45F (Turret Mechanic). He was assigned to Troop B, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division during both assignments.
5. Item 40 (Wounds) of his DA Form 20 is blank. Additionally, there is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action.
6. The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973 was reviewed; however, this review failed to show any orders were published authorizing award of the Purple Heart or the CIB to the applicant.
7. 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 a medical officer, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 provides that the CIB 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 or brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the available records to show the applicant should be awarded the CIB. There is no evidence that he served in an infantry unit of regimental size or smaller while in active ground combat, which is required by regulation for award of the CIB. In view of these facts, there is an insufficient basis for award of the CIB.
2. There are no general orders available which awarded the applicant the Purple Heart. There are no medical records available which show he was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is an insufficient basis for award of the Purple Heart in this case.
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) AR20100028174
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ABCMR Record of Proceedings (cont) AR20100028174
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