IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110015572 


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 the Combat Infantryman Badge (CIB) and Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* He was awarded the CIB and Purple Heart while serving with the 1st Cavalry
* Both awards were on his original DD Form 214
* He received the Purple Heart for injuries sustained to his ear (90% hearing loss) from enemy fire
* He served 4 months in a combat platoon

3.  The applicant provides:

* Letter, dated 8 July 1992, from the Department of Veterans Affairs 
* Letter, dated 16 June 2010, from the Disabled American Veterans
* 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 was inducted into the Army of the United States on 17 May 1965.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* he served in MOS 11B while assigned to Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division in Vietnam from 15 January to 28 February 1966
* he served in MOS 11B while assigned to Company C, 1st Battalion, 
7th Cavalry, 1st Cavalry Division in Vietnam from 1 March 1966 until he was hospitalized on 19 April 1967
* he was transferred to Walter Reed General Hospital for further medical treatment on 6 May 1966  

4.  On 7 June 1966, he was issued a permanent profile of 111311 for:

* chronic otitis media (ear infection) with cholesteatoma, right ear
* modified radical mastoidectomy, right ear

5.  On 14 March 1967, he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  His Standard Form 93 (Report of Medical History), dated 
14 March 1967, indicates he underwent a radical mastoidectomy at Walter Reed General Hospital.  

6.  On 16 May 1967, he was honorably released from active duty for expiration term of service.  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB or Purple Heart as authorized awards.

8.  There are no orders for the CIB or Purple Heart in the available records.

9.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the CIB or Purple Heart.  Item 40 (Wounds) of his DA Form 20 is blank.  His name does not appear on the Vietnam casualty roster.  

10.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

12.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the CIB was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

13.  Army Regulation 600-8-22 states that 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 military personnel, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the CIB and Purple Heart were on his original 
DD Form 214.  However, his record shows only one period of active duty and only one DD Form 214.  There is no CIB or Purple Heart on that document.

2.  He contends he served 4 months in a combat platoon and he received the CIB.  Unfortunately, there is no evidence of record and he provides no evidence to corroborate his contention.

3.  Evidence shows he served as an infantryman assigned to Company C, 
1st Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 1 March 1966 to 19 April 1967.  There are no orders for the CIB pertaining to the applicant.  There is no evidence of record that shows he served in active ground combat while assigned to an infantry unit of brigade or smaller size in Vietnam as required by the governing regulation.  Therefore, there is insufficient evidence on which to base adding the CIB to his DD Form 214.

4.  He contends he received the Purple Heart for injuries sustained to his ear from enemy fire.  However, medical evidence of record shows he had chronic right ear infections which required surgery.    

5.  The governing regulation states the Purple Heart is awarded for a wound sustained as a result of hostile action.

6.  There are no orders for the Purple Heart in the available records.  There is also no evidence he was wounded or injured as a result of hostile action in Vietnam.  Regrettably, there is insufficient evidence on which to base adding the Purple Heart to his DD Form 214.

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)                                         AR20110015572



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110015572



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1