IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110002453 


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.

2.  The applicant states neither award is annotated on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides, in support of his request, copies of a 6 April 1970 Clinical Record-Narrative Summary and his DD Form 214.

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 enlisted in the Regular Army on 2 June 1967.

3.  He completed training, including military occupational specialty (MOS) training as an engineering utilities worker and basic airborne training.  He was stationed at Fort Bragg, North Carolina in February 1968 and advanced to pay grade E-4 on 23 July 1968.

4.  The applicant deployed to Vietnam with B Company, 554th Engineer Battalion and arrived there on 3 December 1968.  He was promoted to pay grade E-5 on 27 February 1969 and transferred to B Company, 2nd Battalion (Airmobile), 327th Infantry, 101st Airborne Division on 13 May 1969 and his MOS was changed to 11B (Light Weapons Infantryman).

5.  He returned to the United States on 21 November 1969 and was stationed at Fort Carson, Colorado.  

6.  On 17 March 1970, the applicant sustained a gunshot wound to the left thigh while outside a bar in downtown Colorado Springs.

7.  His DA Form 20 (Enlisted Qualification Record), item 40 (Wounds) is blank and item 41 (Awards and Decorations) lists the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, Vietnam Service Medal, Expert Marksmanship Qualification Badge  with Rifle (M-16) Bar, and the Expert Marksmanship Qualification Badge  with Rifle (M-14) Bar.

8.  On 3 June 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve with an honorable characterization of service.  His DD Form 214 shows his authorized awards as the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).

9.  A 29 November 1971 VA Form 07-3101 (Veterans Administration – Request for Information) asked the Army for medical treatment records related to multiple fragment wounds to the legs sustained in Vietnam on 30 July 1969.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

11.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

12.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

13.  The Clinical Record-Narrative Summary that the applicant submitted with his application mentions:

* "OPERATIONS:  Patient underwent debridement of multiple fragment wounds in Viet Nam under local anesthesia."
* "INJURIES:  Multiple fragment wounds of the abdomen in the Republic of Viet Nam."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states neither the Purple Heart nor the Combat Infantryman Badge is annotated on his DD Form 214.

2.  Although the 6 April 1970 medical record that the applicant submitted with his application refers to earlier treatment for multiple fragment wounds to his stomach there is no medical record that the applicant was ever actually treated for any such wounds that were sustained while the applicant was in action against the enemy or as the result of enemy action.  Furthermore, the issue is further clouded by the later VA request for treatment records for such wounds to the legs rather than to the stomach.

3.  The applicant clearly served as an infantryman in an infantry company while in Vietnam.  However, there is, unfortunately, no available evidence that he was ever actually engaged in combat against the enemy.

4.  There is no documentation to support the applicant's contention and no rationale to support the implied conclusion that those alleged circumstances would warrant the requested relief.

5.  In view of the foregoing there is no basis for granting the applicant's requested relief.
 
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)                                         AR20110002453





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ABCMR Record of Proceedings (cont)                                         AR20110002453



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