IN THE CASE OF:	  

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110017401 


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 be awarded the Combat Infantryman Badge (CIB) and Purple Heart.

2.  The applicant states:

   a.  through research at the Fort Bragg, North Carolina library, he found pictures and dates of the combat he participated in;
   
   b.  a lieutenant colonel (LTC) with whom he served with in Vietnam, told him he authorized the award of the CIB to Soldiers who were not assigned to infantry units and that the PH was awarded to many fellow officers and noncommissioned officers who never participated in combat;
   
   c. the rules as stated in this Board's original record of proceedings (ROP) are true; however he knows others who received their awards without medical evidence;
   
   d.  he was wounded under fire in combat, however, no record of the treatment he received was ever made; 
   
   e.  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect his service in the United States Army Reserve (USAR) or the military police and drill instructor training he completed; and
   
   f.  his record should be corrected to show the list of medals he provides and to include all USAR ribbons he is entitled to.

3.  The applicant provides:

* Self-authored statement
* News Article
* Medals of America internet document extract
* Original Army Board for Correction of Military Records (ABCMR) ROP with attachments
* DD Form 215 (Correction to DD Form 214)

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 ABCMR in Docket Number AR20100007537 on 26 August 2010.

2.  During its original review of the case, the Board determined:

   a.  The applicant's record did not show and he did not provide any evidence to show he was wounded in action by the enemy, that his wound required medical treatment, and the medical treatment was recorded in official records.  As a result, his request for PH was denied.
   
   b.  The applicant's record clearly shows he was a laundry specialist; not an infantryman.  Accordingly, he did not satisfy the regulatory criteria necessary for the award of the CIB and it was denied.
   
   c.  Based on the applicant's service in the Republic of Vietnam (RVN) with his unit, the 701st Maintenance Battalion, he was entitled to the Meritorious Unit Commendation (MUC) and the RVN Gallantry Cross with Palm Unit Citation.  Accordingly, a DD Form 215 was issued on 17 December 2010 to add these awards to his DD Form 214 and to correctly identify the RVN Campaign Medal with Device 1960. 

3.  The applicant's military records documenting his active duty service remains unavailable to the Board for review.  This case is being considered using the applicant's official military personnel file (OMPF) which documents his service in the USAR and it also includes a copy of his DD Form 214 that provides a brief summary of his active duty service.

4.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 19 November 1965.  He was trained in and awarded military occupational specialty (MOS) 57E (Laundry Specialist).

5.  On 8 July 1967, he was honorably released from active duty and transferred to the USAR Control Group having completed 1 year, 11 months, and 20 days of creditable active duty service of which 6 months and 6 days was foreign service in the United States Army Pacific Command.  His DD Form 214 shows he was assigned for duty with the 701st Maintenance Battalion and he earned the following awards during his tenure of active duty service:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Overseas Service Bar

6.  On 20 July 1974, the applicant enlisted in the USAR and continued to serve until he was honorably discharged on 10 July 1985.  His OMPF shows he completed the USAR Drill Sergeants Course on 10 Jun 1977 and the Basic Law Enforcement Course in MOS 95B (Military Police) on 4 August 1978.

7.  The applicant provides a news article titled "701st Maintenance Battalion - Service and Courage of Heart."  It shows its history and its subordinate unit's history in Vietnam from 1965 - 1967.

8.  The applicant provides a three page listing of awards taken from an internet website titled "Medals of America."

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action and must have been made a matter of official record.

   b.  Chapter 8 contains guidance on award of combat and skill badges.  Paragraph 8-6 contains guidance on award of the CIB.  It states that in order to support award of the CIB, there must be evidence that 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 and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the PH and CIB.  However, he indicates that the information provided in the original ROP is correct.

2.  The evidence of record does not show the applicant was ever awarded or recommended for the award of the PH.  In addition, there is no medical evidence to show he was ever treated for a combat related injury.  The applicant admits no record was made of the medical treatment he received when he was wounded.  Therefore, absent any evidence that he met the regulatory criteria necessary for the PH, there is no basis upon which to grant this portion of requested relief.

3.  The evidence of record confirms the applicant held MOS 57E and he was assigned to the 701st Maintenance Battalion during his tenure on active duty.  Therefore, absent any evidence to confirm the applicant held an infantry MOS while assigned to a qualifying infantry unit, and that he participated in active ground combat with that unit, there is an insufficient evidentiary basis upon which to grant the applicant the award of the CIB.

4.  The applicant contends his DD Form 214 should be corrected to show his service performed in the USAR and his military education and awards received during that time.  The DD Form 214 is prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army and it provides a brief summary of the active duty service for the period it covered.  There are no provisions for adding any service, military education, or awards received to the DD Form 214 outside the period it covered.  Accordingly, this portion of his request cannot be granted.


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 to amend the decision of the ABCMR set forth in Docket Number AR20100007537 dated 26 August 2010.




      _______ _  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)                                         AR20110017401





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ABCMR Record of Proceedings (cont)                                         AR20110017401



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