IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028781 


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 he was assigned to
G Company, 75th Infantry (Ranger), Americal Division during his service in the Republic of Vietnam (RVN).  In addition, he requests correction of his DD Form 214 show award of the Purple Heart and the Combat Infantryman Badge.

2.  He states his assignment to G Company, 75th Infantry (Ranger), Americal Division from July 1969 through September 1969 was omitted from his DD Form 214.  He continues that he injured his knee jumping out of a helicopter while on a combat mission.  He was subsequently evacuated from the RVN and assigned to the 7th Field Hospital, Japan.  He was subsequently assigned to Madigan General Hospital, Tacoma, WA, where surgery was performed on his knee.  He concludes that the omission of his service with G Company, 75th Infantry (Ranger) and his length of stays in multiple hospitals, along with his DD Form 214 not showing awards of the Purple Heart and Combat Infantryman Badge, has prevented him from receiving certain military honors and benefits from the Department of Veterans Affairs (VA) that he is entitled to.

3.  He provides:

* his DD Form 214
* a U.S. Army Training Center, Infantry and Fort Lewis (Provisional) certificate 
* 
a Americal Recondo School completion certificate
* a 75th Ranger Association identification card

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 was inducted into the Army of the United States on 13 February 1969.  He successfully completed basic combat and advanced individual training, and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He arrived in the RVN on 18 July 1969 and was assigned to G Company,
75th Infantry (Ranger), Americal Division where he performed duties as scout observer after completing the Americal Recondo School on 22 August 1969.  On 13 September 1969, he injured his left knee and he was evacuated to the Medical Holding Company (MHC), 7th Field Hospital, Japan.  On 15 September 1969, he was evacuated to the MHC, Madigan General Hospital, Tacoma, WA.  On 13 October 1969, he received surgery on his left knee.

4.  A DA Form 3349 (Medical Condition - Physical Profile Record), dated 
22 January 1970, shows he was issued a temporary profile for surgery to his left knee.

5.  On 13 February 1970, he was assigned to A Company, 2d Battalion, 41st Infantry, 2nd Armored Division, Fort Hood, TX.  On 27 February 1970, he was reassigned to Headquarters and Headquarters Company (HHC), 2d Battalion, 41st Infantry, 2nd Armored Division.  On 20 November 1970, he was honorably released from active duty after completing 1 year, 9 months, and 8 days of creditable active service.

6.  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 he was issued at the time shows the entry "HHC 2d Bn 41st Inf 2d Armd Div Fort Hood, Texas FOURTH US ARMY."  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) does not show award of the Purple Heart or the Combat Infantryman Badge.  Item 30 (Remarks) shows he served in the RVN during the period 18 July 1969 through 14 September 1969.

7.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart or the Combat Infantryman Badge.  There also is no evidence that shows he was treated for wounds as a result of hostile action in the RVN.  His name is not listed on the Vietnam casualty listing.

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or the Combat Infantryman Badge.

9.  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 or the Combat Infantryman Badge pertaining to the applicant.

10.  His Army medical treatment records are not available for review.

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 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.

13.  Army Regulation 635-5 (Separation Documents), in effect at that time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized preparation of the DD Form 214.  In pertinent part, it 

stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states for item 12, for personnel reassigned on orders to a transfer activity or to a medical holding detachment prior to separation, enter the losing unit of assignment and the title of the major command or agency having jurisdiction over the losing unit of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should capture his assignment to G Company, 75th Infantry (Ranger), Americal Division during his service in the RVN and his length of stays in multiple hospitals should be recognized.  Records show he arrived in the RVN on 18 July 1969 and he was assigned to
G Company, 75th Infantry (Ranger).  He completed the Americal Recondo School and for a brief period performed duties as a scout observer before injuring his left knee on 13 September 1969.  He was evacuated to the 7th Field Hospital, Japan and subsequently to the Madigan General Hospital, Tacoma, WA, for surgery to his knee.  After his surgery, he was assigned to HHC, 2d Battalion, 41st Infantry, 2nd Armored Division at Fort Hood, prior to his release from active duty on 20 November 1970.

2.  As required by the applicable regulation, his DD Form 214 correctly shows his last duty assignment and major command as HHC, 2d Battalion, 41st Infantry, 2nd Armored Division, Fort Hood, Fourth U.S. Army.  It further shows in item      30 of his DD Form 214 his entire continuous period of service in the RVN from   18 July 1969 through 14 September 1969.  In addition, there are no provisions in Army Regulation 635-5 that allows previous unit(s) of assignments to be incorporated on the DD Form 214.  Therefore, there is no basis for changing his last unit of assignment as shown on his DD Form 214.

3.  There are no orders in the applicant's service personnel records or on ADCARS that show he was awarded the Purple Heart.  His name is not shown on the Vietnam casualty listing.  There is also no evidence in the available records and he has not provided any evidence that shows he was injured as a result of hostile action while assigned to an infantry unit engaged in active ground combat.

4.  Regrettably, lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

5.  Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman unit before being evacuated from Vietnam.  However, he held the position for such a short period of time (July 1969 through September 1969) that there is insufficient evidence to show he met all the criteria required for award of the Combat Infantryman Badge.  There is no evidence in the available records and he has not provided evidence that shows he participated in active ground combat as an infantryman.  Therefore, there is insufficient evidence in which to grant this portion of his request

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)                                         AR20100028781



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ABCMR Record of Proceedings (cont)                                         AR20100028781



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