IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110011953 


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 (PH) and Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam (RVN).

2.  The applicant states he should have received the CIB based on five separate enemy live-fire incidents.  He contends that four of these incidents occurred in Dak To, RVN; once during a bombing of the air strip, twice while on guard duty, and once when he was a forward observer during an alleged overrun threat.

3.  The applicant further contends he was wounded during the overrun threat wherein he received shrapnel in his left arm pit.  He was also wounded twice while on guard duty; once by a poorly searched prisoner of war (POW) who cut his left arm and when he attempted to save the life of a POW from a fire into which he had jumped.

4.  The applicant also contends that he did not receive the PH or the CIB because his first sergeant (1SG) did not care for him.  The 1SG told him to put a band aid on his wounds and that he would never get a CIB; however, the 1SG got one for sleeping on his bunk.

5.  The applicant provides his DD Forms 214 (Armed Forces of the United States report of Transfer or Discharge) for the period ending 30 January 1969 and
14 February 19673.


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.  On 7 October 1966, the applicant enlisted in the Regular Army (RA) for a period of 3 years.  His available records do not indicate what military occupational specialty (MOS) he was initially awarded.

3.  On 14 April 1967, he was reassigned for duty in the RVN.  His initial unit of assignment is not in the available records.

4.  On 30 January 1969, during his tour in the RVN, he reenlisted in the RA.  The DD Form 214 he was issued for his first term of service shows in:

* item 12 (Last Duty Assignment and Major Command) the entry Headquarters and Headquarters Company, 173rd Airborne Brigade
* item 23a (Specialty Number and Title) the entry 64A1P (Light Vehicle Driver) [the "P" indicates parachutist qualification]
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Parachutist Badge
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal
* overseas service bar

5.  The applicant continued to serve in the RVN until 14 June 1969.

6.  During the period 16 April 1970 to 13 October 1971, the applicant served in Okinawa.  His duty MOS is indicated as 96B (Intelligence Analyst).  His 


assignment was with the 1st Special Forces Group (Airborne), 1st Special Forces.  He was subsequently assigned to Fort Bragg, NC.

7.  On 14 February 1973, the applicant was honorably discharged at the expiration of his term of service.  He had attained the rank/grade of specialist five (SP5)/E-5.  He completed 6 years, 3 months, and 23 days of total active service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* Parachutist Badge
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  The applicant's available record contains a DA Form 20 (Enlisted Qualification Record) that was prepared on 8 October 1971 and last reviewed by the applicant on 10 January 1972.  Item 40 (Wounds) is blank and item 41 (Awards and Decorations) does not show the PH or CIB as authorized awards.

10.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name.

11.  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 PH or the CIB pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the:

	a.  PH to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record, and


	b.  Combat Infantryman Badge 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.

13.  U.S. Army Vietnam (USARV) Regulation 672-1, appendix V, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been awarded the PH and CIB for his service in the RVN.

2.  There are no available orders showing the applicant was awarded the PH.  The applicant's name is not listed on the Vietnam casualty listing and there is no PH order for him on ADCARDS.  Item 40 of his DA Form 20 further does not show a record of any wounds received in action.

3.  The evidence clearly shows that the applicant was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  However, it does not show he ever held an infantryman MOS or that had engaged in active ground combat with his infantry unit.  There is also no CIB order for him on ADCARS.

4.  There is also no evidence of record, nor has the applicant provided any evidence that shows deliberate action was taken by any of his superiors, including his 1SG, to deny him either the PH or the CIB.

5.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20110011953



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ABCMR Record of Proceedings (cont)                                         AR20110011953



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