IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100029711
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 award of the Purple Heart and the Combat Infantryman Badge.
2. He states his military medical records show he received treatment for shrapnel wounds to his left knee. He was a combat infantry Soldier in Vietnam for one year.
3. He provides no additional documents.
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 was inducted into the Army of the United States on 17 August 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* Item 22 (MOSs) he was awarded primary MOS 11B2O on 17 June 1968
* Item 31 (Foreign Service) he served in Vietnam from 16 January 1968 through 13 January 1969
* Item 38 (Record of Assignments) he performed duties as a Door Gunner in duty MOS 11B in Vietnam and he was assigned to:
* 187th Aviation Company from 22 January to 4 March 1968
* Headquarters and Headquarters Troop, 7th Squadron, 1st Air Cavalry from 5 March 1968 to 9 January 1969
* Item 40 (Wounds) no entry [blank]
* Item 41 (Awards and Decorations) doesnt list award of the Purple Heart or the Combat Infantryman Badge
4. His service record does not contain any orders which show he was awarded the Purple Heart or Combat Infantryman Badge and is void of medical documentation that shows he was wounded as a result of hostile action in Vietnam. His name is not included on the Vietnam casualty roster.
5. He was honorably released from active duty on 25 June 1969. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart or Combat Infantryman Badge.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the Purple Heart or Combat Infantryman Badge pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) provides 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.
8. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants service record is void of medical documentation which shows he received treatment for shrapnel wounds to his left knee.
2. His service record does not contain any orders awarding him the Purple Heart or evidence to show he was wounded as a result of hostile action during his tour in Vietnam. In addition, his name is not listed on the Vietnam casualty roster.
3. In the absence of evidence to show he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case. Therefore, he is not entitled to award of the Purple Heart or correction of his DD Form 214 to show this award.
4. The evidence of record shows he completed infantry training and he was awarded MOS 11B. He was assigned to the 187th Aviation Company and Headquarters and Headquarters Troop, 7th Squadron, 1st Air Cavalry as a Door Gunner during his tour of duty in Vietnam. However, his service record does not contain sufficient evidence that shows he was engaged in actual ground combat while assigned to an infantry unit in Vietnam. Therefore, he has not met all the requirements for award of the Combat Infantryman Badge.
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) AR20100029711
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ABCMR Record of Proceedings (cont) AR20100029711
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