BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110002016
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 to be awarded the Combat Infantryman Badge (CIB).
2. The applicant states he was involved in direct firefights while serving in Vietnam and was awarded the Purple Heart.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a form from the U.S. Army Reserve Components Personnel and Administration Center which shows he was awarded the Purple Heart.
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 military records show he was inducted into the Army of the United States on 14 April 1969, was awarded the military occupational specialty of light weapons infantryman, served in Vietnam from 27 September 1969 to 7 January 1970 while assigned as a rifleman to an infantry unit, and was promoted to pay grade E-4.
3. On 10 December 1969 while at an artillery firing position burning boxes, the applicant was injured by a fragment when an explosion occurred for unknown reasons.
4. The applicant was honorably released from active duty at the expiration of his term of service on 13 April 1971. The DD Form 214 he was issued does not list the CIB or Purple Heart. On 17 May 1994, the applicant's DD Form 214 was amended to add the Purple Heart.
5. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds sustained as a result of hostile action. Substantiating evidence must be provided to verify 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.
6. Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry military occupational specialty. They must have served satisfactorily in active ground combat and while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
DISCUSSION AND CONCLUSIONS:
1. While the applicant was an infantryman assigned to an infantry unit in Vietnam, there is no evidence to show he served in active ground combat.
2. While the applicant was injured in Vietnam, it was from an explosion that was caused by unknown reasons while he was burning boxes at an artillery firing position. There is no evidence or indication the explosion was due to hostile action.
3. In view of the foregoing, there is no basis for granting the applicant's 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 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) AR20110002016
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ABCMR Record of Proceedings (cont) AR20110002016
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