IN THE CASE OF:	  

		BOARD DATE:  26 April 2012

		DOCKET NUMBER:  AR20110019158 


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 the:

* Army Board for Correction of Military Records (ABCMR) decision AR20100014362, dated 25 January 2011, denying his request for award of the Purple Heart for wounds received on 24 January 1970
* ABCMR decision AR20110002573, dated 23 August 2011, denying his request for award of the Combat Infantryman Badge

2.  The applicant states a 1st Battalion, 12th Infantry diary shows his unit was in active ground combat during the period he was assigned.  The diary shows that on 24 January 1970 Company D, 1st Battalion, 12th Infantry was assaulted by rocket propelled grenades (RPGs).  This verifies he was one of seven Soldiers who was struck by shrapnel inflicted by the enemy and qualifies him for the Purple Heart.

3.  The applicant provides a diary for the 1st Battalion, 12th Infantry Regiment for 1969 and 1970 obtained from the internet.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's cases by the ABCMR Docket Number AR20100014362, on 25 January 2011, and the ABCMR in Docket Number AR20110002573, on 23 August 2011.

2.  The 1st Battalion, 12th Infantry diary is new evidence which requires consideration by the ABCMR.

3.  He enlisted in the Regular Army for a 2-year term on 23 December 1968.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company D, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division in the Republic of Vietnam from 1 June 1969 through 10 March 1970.  

5.  On 11 March 1970, he was assigned to the U.S. Army Hospital, Camp Zama, Japan.  From there he was ultimately returned to the United States.

6.  On 6 August 1970, he was released from active duty.  He completed 1 year, 
7 months, and 12 days of active service that was characterized as honorable.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show he was awarded the Purple Heart or the Combat Infantryman Badge.

7.  Item 40 (Wounds) of his DA Form 20 does not show he received a shrapnel wound.  His name is not listed on the Vietnam casualty roster as having been wounded on 24 January 1970.

8.  A Standard Form (SF) 502 (Narrative Summary), dated 15 April 1970, from Valley Forge General Hospital, Phoenixville, PA states in the Past Medical History section that the applicant's past operations included removal of a fragment wound of the left leg in January 1970 while in the Republic of Vietnam.

9.  An SF 505 (Clinical Record), dated 15 April 1970, indicated he had a fragment wound of the left leg in January 1970 in the Republic of Vietnam and that it was a minor wound.

10.  The 1st Battalion, 12th Infantry Regiment diary, obtained by the applicant from the internet provides a listing of actions for the unit in 1969 and 1970.

	a.  On 24 January 1970, Company D was hit with three RPGs as they stopped moving in an open field on the side of a mountain.  Seven Soldiers were wounded.

	b.  On 16 February 1970, Company D received enemy small arms fire resulting in one U.S. wounded in action (WIA) and one Kit Carson Scout WIA.

	c.  On 23 February 1970, an ambush with Company D killed one enemy Soldier.

	d.  On 25 February 1970, Sergeant C__________h of Delta Company was killed by enemy smalls arms fire.  Another Soldier was WIA.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the men who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge 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.  Army Regulation 672-5-1 (Military Awards), then in effect, provided, in pertinent part, that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, was wounded or killed or who 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 treatment, and the medical treatment must have been made a matter of official record.

14.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge 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.  

DISCUSSION AND CONCLUSIONS:

1.  The SF 502 and the SF 505 indicate he had treatment for the removal of a fragment from his left leg in January 1970.  The SF 505 indicates it was a minor wound.  However, neither of these two forms indicate that his wound was the result of hostile action.  

2.  The entry for 24 January 1970 in the diary he submitted indicated his company was hit with three RPGs and that seven Soldiers were wounded.  However, the names of the wounded Soldiers were not provided.  Therefore, the entry is not sufficient enough to show he was wounded as a result of hostile action.

3.  In view of the above, there is insufficient evidence in this case to award the Purple Heart in this case.

4.  The diary he submitted shows his company was engaged with the enemy on 24 January, on 16 February, on 23 February, and on 25 February 1970.  However, there is no corroborating evidence to show he was personally present and engaged with the enemy.   Therefore, there is insufficient evidence in this case to award the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X   _  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AR20100014362, dated 25 January 2011.


2.  The Board also 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 AR20110002573, dated 23 August 2011.




      __________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)                                         AR20110019158



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ABCMR Record of Proceedings (cont)                                         AR20110019158



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