BOARD DATE:	    27 October 2011

		DOCKET NUMBER:  AR20110008546 


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 reconsideration of his earlier petition to the Board requesting award of the Purple Heart (PH) and Combat Infantryman Badge (CIB). 

2.  The applicant states he would not be requesting these awards if they had not occurred in action against the enemy.

3.  The applicant provides a self-authored letter and various orders, including military occupational specialty (MOS), promotion, assignment, and attachment orders, in support of his reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100023556 on 29 March 2011.

2.  During its original review of this case, the Board found the applicant failed to show through the evidence submitted with his application and the evidence of record that he was wounded as a result of enemy action or that he engaged the enemy in combat while serving as an infantryman in an infantry unit.

3.  The applicant now argues it was through no fault of his own that he was not considered for the awards in question and he had no choice in performing his infantry duties while being assigned to a security detachment in an aviation unit.  He further states the Vietnam casualty roster does not show all information and all he has to show he was wounded in action was the medical form from the next day showing he was treated for an injury he received during hostile action.

4.  The applicant's record shows he was inducted into the Army of the United States on 16 November 1965 and was trained in and awarded MOS 11B (Light Weapons Infantryman).  He completed the rest of this term of service at Fort Benning, Georgia, and was honorably released from active duty (REFRAD) on 30 November 1967.

5.  On 23 February 1968, the applicant enlisted in the Regular Army.  His record shows he served in the Republic of Vietnam (RVN) from on or about 14 January 1969 through on or about 20 January 1970.  His DA Form 20 (Enlisted Qualification Record) shows that during his RVN tour of duty he was assigned to the 52nd Security Detachment, 52nd Aviation Battalion, 17th Aviation Group, performing duties as a squad and section leader in MOS 11B through 5 September 1969 and as the secretary/custodian of the Noncommissioned Officer (NCO) Open Mess in MOS 94B (Food Service Specialist) from 6 September 1969 through 20 January 1970.

6.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and item 41 (Awards and Decorations) does not include the PH and CIB.  The applicant last audited the DA Form 20 on 30 October 1970.

7.  On 20 August 1971, the applicant was honorably REFRAD in the rank of staff sergeant after completing a total of 5 years, 6 months, and 13 days of active military service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time does not include the PH and CIB in the list of earned awards entered in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

8.  The applicant reentered military service in the U.S. Army Reserve on 1 February 1972 and continued to serve through a series of reenlistments until 31 August 1987 at which time he was transferred to the Retired Reserve in the rank of command sergeant major.  There is no indication in his record that he ever pursued award of the PH or CIB while he remained serving.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 provides guidance for award of the PH.  It states that in order to support award of the PH there must be evidence the wound was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22, paragraph 8-6, contains guidance for award of the CIB.  It states that in order to support award of the CIB there must be evidence the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present with and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Service in a combat area and campaign participation credit alone do not support award of the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the PH and CIB has again been carefully considered.  However, there remains insufficient evidence to support his request.

2.  By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record.

3.  As indicated in the original review of this case, there is no evidence of record corroborating the applicant's claim that he was wounded in action.  Item 40 of the applicant's DA Form 20 is blank indicating he was not wounded in action.  Further, there are no medical treatment records on file showing he was ever treated for a wound he received as a result of enemy action and no indication he ever pursued award of the PH while he remained serving through 1987, some 17 years after he completed his service in the RVN.

4.  By regulation, in order to qualify for the CIB a member must not only hold an infantry MOS, he must also have served in a qualifying infantry unit of brigade, regimental, or smaller size and be personally present with that qualifying infantry unit while it was engaged in active ground combat with enemy forces.

5.  The evidence of record shows that although the applicant served with a security detachment as an infantryman, it fails to show he ever served in a qualifying infantry unit and/or that he was present with a qualifying infantry unit while it was engaged in active ground combat with enemy forces during his RVN service.  As a result, he does not meet the regulatory criteria necessary to support award of the CIB.

6.  There is no evidence of record or independent evidence provided by the applicant that confirms he was ever wounded as a result of enemy action or that he ever served in a qualifying infantry unit while it was engaged in active ground combat with enemy forces.  As a result, there is an insufficient evidentiary basis to support granting the requested relief or amending the original Board decision in this case.  Further, it would not be appropriate or serve the interest of all those who served in the RVN and faced similar circumstances to support award of the PH or CIB at this late date.

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 to amend the decision of the ABCMR set forth in Docket Number AR20100023556, dated 29 March 2011.



      __________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)                                         AR20110008546



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ABCMR Record of Proceedings (cont)                                         AR20110008546



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