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		IN THE CASE OF:	  

		BOARD DATE:  16 February 2012

		DOCKET NUMBER:  AR20110015790 


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 (CIB).

2.  He states while assigned to the 77th Special Forces Group in June 1960 to December 1960, he deployed to Laos on a classified mission (White Star).  He offers that during his assignment to Laos, his mission was to support the ground forces with arms and ammunition, demolition, and to train them on the use of their weapons.  He maintains that he was injured in a vehicle accident and received treatment from the team medic.  He adds that because of the classified nature of their mission, he never received or requested award of the Purple Heart. 

3.  He provides no additional evidence.

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 enlisted in the Regular Army (RA) on 6 September 1956.  On 4 September 1959, he was honorably released from active duty (REFRAD) and credited with 2 years, 11 month, and 29 days of active duty service.

3.  On 25 November 1959, he again enlisted in the RA.  He served 3 years, 8 month, and 28 days on active duty and was honorably discharged on 22 August 1963 to accept an appointment as a warrant officer which was accomplished the following day.  He continued to serve as a warrant officer in the U.S. Army Reserve (USAR) until he was REFRAD on 22 August 1966.  On 14 January 1976, he was ordered to active duty and remained on active duty until he was retired on 31 May 1986.

4.  His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to:

* U.S. Army Pacific, 9 June 1960 to 20 December 1960
* Germany, 13 June 1962 to 26 January 1963
* Vietnam, 12 April 1965 to 4 April 1966

5.  His military personnel file is void of any documents, other than his 
DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), that shows his units of assignment and/or military service as an enlisted Soldier.  His DD Forms 214 lists his military occupational specialty (MOS) during the period of the forms as follows:

* 6 September 1956 to 4 September 1959, 111.63 (Light Weapons Infantryman)
* 25 November 1959 to 22 August 1963, 121.6359 (Demolition Supervisor)
* 23 August 1963 to 22 August 1966, 062B (Wing Aviator)
* 14 January 1976 to 31 May 1986, 100B (Utility/Observation Helicopter Pilot)

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Forms 214 does not show award of the Purple Heart or the CIB.  His military service records do not contain any orders awarding him the CIB or Purple Heart.  Additionally, his name is not listed on the Vietnam casualty listing.
7.  Item 27 (Wounds Received as a Result of Action With Enemy Forces) of his DD Forms 214 contains the entry "None."  Additionally, there is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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.

9.  Army Regulation 600-8-22 (Military Awards) 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 medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 states that 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 or brigade, regimental or smaller size.  The regulation states a separate award of the CIB has been authorized for qualified Soldiers in connection with the Laos conflict (19 April 1961 to 6 October 1962).

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available which awarded the applicant the Purple Heart.  Although he states he was injured in a vehicle accident and received treatment from the team's medic, there are no medical records available which show he was wounded or treated for wounds as a result of hostile action during his service in Laos.  In the absence of such evidence, there is an insufficient basis for award of the Purple Heart in this case.

2.  There is no evidence in the available records to show the applicant should be awarded the CIB.  There is no evidence that he held an infantry MOS during his service in Laos, which is required by regulation for award of the CIB.  In view of this fact, there is an insufficient basis for award of the CIB.






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)                                         AR20110015790





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ABCMR Record of Proceedings (cont)                                         AR20110015790



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