IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110020092 


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 Combat Infantryman Badge and Purple Heart.

2.  He states there are orders that include a recommendation for the Combat Infantryman Badge.  He believes he should be awarded the Purple Heart because he had a concussion for which the Department of Veterans Affairs (VA) recently awarded him a 50 percent rating.  

3.  He provides his DD Form 214 (Report of Separation from Active Duty) for the period ending 26 August 1971, VA rating decision documents, and Part IV of a Prehearing Review.  

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.  His military records show he enlisted in the Regular Army on 9 April 1968.  He was awarded the military occupational specialty (MOS) of 52B (generator operator and repairer) and was promoted to the rank of specialist five/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows during his tour of duty in the Republic of Vietnam he performed duties as:

* a powerman while assigned to the 125th ATC during the period 11 October 1968 to 8 April 1969
* a rifleman while assigned to Company D, 2nd Battalion, 3d Infantry, 199th Infantry Brigade, during the period 11 April to 22 July 1969
* a power generator repairman and a general draftsman while assigned to the 2nd Maintenance Battalion, during the period 23 July 1969 to 10 April 1970

4.  He was discharged from active duty on 26 August 1971.  He was credited with completion of 2 years, 11 months, and 14 days of active service.

5.  His DD Form 214 does not list the Purple Heart. 

6.  Item 40 (Wounds) of his DA Form 20 is blank.  Item 41 (Awards and Decorations) does not list the Purple Heart.

7.  His military records are void of any orders or other documents that indicate he was recommended for or awarded the Combat Infantryman Badge or Purple Heart by the proper authority.

8.  His DA Form 20 does not show he was awarded MOS 11B (light weapons infantryman).  A review of his records failed to reveal any orders or other evidence he was ever awarded an infantry MOS. 

9.  The Vietnam casualty roster does not contain his name.

10.  He provided a copy of a VA rating decision document, dated 26 September 2011, which shows he was assigned a 50 percent rating for cluster headaches.  The narrative summary states a record from September 1970 shows recurrent frontal and occipital headaches following a concussion.  There is no indication of how he incurred the concussion.



11.  There is no evidence of a combat-incurred concussion in his records.  His complete medical records are not available for review.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.

13.  Army Regulation 600-8-22 states 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.  Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 states during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  A VA rating decision document indicates he had a concussion while in Vietnam.  However, there is no evidence the concussion was a combat-related concussive injury.

2.  His DA Form 20 does not show he was wounded and his name is not listed on the Vietnam casualty listing.

3.  In the absence of evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, or that the medical treatment was made a matter of official record there is insufficient evidence upon which to base award of the Purple Heart.

4.  His DA Form 20 shows he served in an 11B position in an infantry unit during the period 11 April to 22 July 1969 while in Vietnam.  However, there is no evidence he served in active ground combat while assigned to this unit.  More importantly, there is no evidence he was ever trained in or awarded 11B or any other qualifying infantry MOS.  As such, there is an insufficient basis for which to award him the Combat Infantryman Badge.
 


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)                                         AR20110020092



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ABCMR Record of Proceedings (cont)                                         AR20110020092



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