IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110017011 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Army Commendation Medal (ARCOM), and Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam (RVN).

2.  The applicant states these awards were overlooked and not entered on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* U.S. Army Vietnam (USARV) Form 157 (Recommendation for Decoration for Valor or Merit) with proposed citation (two copies)
* CIB Certificate
* Purple Heart Certificate
* page 4 of his DA Form 20 (Enlisted Qualification Record)

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 25 July 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 6 February 1969, the applicant departed Fort Benning, Georgia, for duty in the RVN.

	a.  On 8 April 1969, he was assigned for duty as an assistant gunner with Company C, 1st Battalion, 505th Infantry Regiment, 82nd Airborne Division, in duty MOS 11C (Indirect Fire Infantryman).

	b.  On 1 August 1969, he was reassigned within his company for duty as a team leader in duty MOS 11B.

	c.  USARV Form 130 (U.S. Army Vietnam Casualty Report), dated 22 August 1969, reports that he received multiple fragment wounds to both of his legs and lower abdomen when a garbage can blew up.  The form does not provide any causative agent or additional explanation of the circumstances surrounding his injury.

	d.  On 8 September 1969, he was a patient at Madigan General Hospital located in Tacoma, Washington.

4.  On 1 December 1969, the applicant was reassigned for duty in the craft shop at Madigan General Hospital.  He departed on 20 July 1970 and reported to the U.S. Army Personnel Center at Fort Lewis, Washington.

5.  On 24 July 1970, the applicant was released from active duty.  He attained the rank of specialist four/pay grade E-4 and completed 2 years of creditable active duty service.

6.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  The applicant's name is not listed on the Vietnam casualty roster.

8.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart, ARCOM, or CIB.  ADCARS is 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.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded to a member of the Armed Forces 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 United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

	b.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  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.

11.  USARV Regulation 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is 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 and to enlisted and warrant officer persons who have an infantry 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.

12.  The CIB Certificate provided by the applicant indicates he received this badge on 9 June 1969.  The form appears to have been a preprinted document with the applicant's name lettered onto it and the date and commander's name typed.  There is no information with regard to any authorizing orders.  This certificate is not filed in his military records.

13.  The Purple Heart Certificate provided by the applicant indicates he was awarded the Purple Heart for wounds received in action on 21 August 1969.  The document is dated 22 September 1969 and signed by a Medical Corps general officer.  This certificate does not contain any information with regard to any authorizing orders.  This certificate is not filed in his military records.

14.  The USARV Form 130 provided by the applicant indicates he was recommended for award of the ARCOM for achievement by his battalion commander for his service in the RVN during the period 22 March to 22 August 1969.  It further states the applicant had been medically evacuated to the 106th General Hospital in Japan.  A proposed citation is listed as an enclosure; however, the form is not signed or dated by the recommending commander, nor does the form contain any recommendation/approval by the chain of command.

15.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

16.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow 


Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, ARCOM, and CIB for his service in the RVN.

2.  There are no general orders showing the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam casualty roster.  The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.

3.  There are no general orders showing the applicant was awarded the ARCOM.  The recommendation and proposed citation provided by the applicant are not sufficient evidence upon which to base a correction of his records.  As with all personal decorations, a formal recommendation, approval through the chain of command, and announcement in orders are required.

4.  While the available evidence is insufficient for awarding the applicant an ARCOM, this in no way affects the applicant’s right to pursue his claim for the medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

5.  The evidence of record clearly shows the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while serving in the RVN.  However, those records do not sufficiently show he ever engaged in active ground combat.  The certificate he provided is not corroborated by any evidence of record.

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 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)                                         AR20110017011



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ABCMR Record of Proceedings (cont)                                         AR20110017011



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