IN THE CASE OF:	  

		BOARD DATE:  12 April 2012

		DOCKET NUMBER:  AR20110020290 


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 request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  As a new issue, he requests correction of his DD Form 214 to also show the Combat Infantryman Badge.

3.  The applicant states:

* he had to qualify with the M-16 rifle when he got to Vietnam; it was a new weapon system
* he was in combat in Vietnam; he ran ammunition to the troops and he was in the middle of the troops who could not carry so much ammunition; it was his job to make sure they had enough
* he was almost blinded by glass when he was almost caught by the North Vietnamese outside Saigon

4.  The applicant provides no additional evidence.

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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002077189 on 17 December 2002.

2.  The applicant provides a new argument which was not previously considered. Therefore, it is considered new evidence and warrants consideration by the Board.  

3.  The applicant's records show he was inducted into the Army of the United States on 30 July 1968 and he held military occupational specialty (MOS) 76Y (Unit Supply Specialist).

4.  Item 29 (Qualifications in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as Expert with the M-16 rifle on 18 June 1969.

5.  He served in Vietnam from 8 April 1969 to 5 December 1969.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 505th Infantry.

6.  He was honorably released from active duty on 29 July 1970.  His DD Form 214 and DD Form 215 (Correction to DD Form 214) show he was awarded the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with three bronze service stars
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge
* Army Good Conduct Medal
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

7.  Item 22 (MOS) of his DA Form 20 shows he held MOS 76Y and item 27 (Military Education) shows he completed a 6-week Supply Clerk Course.  This form does not show he was trained in or held an infantry MOS.

8.  Nothing in five typical sources shows he was wounded as a result of hostile action:

* His name is not shown on the Vietnam casualty roster
* Item 40 (Wounds) of his DA Form 20 does not reflect a combat wound
* Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart
* His service records do not contain official orders awarding him the Purple Heart
* His service medical records are not available for review with this case

9.  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 for a wound sustained in action against an enemy or 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.

	b.  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 (USARV) Regulation 672-1 states that 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.

10.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant qualified as Expert with the M-16 rifle.  Therefore, he is entitled to the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and correction of his DD Form 214 to show this badge.

2.  With respect to the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster.  His service medical records are not available for review with this case.  

	c.  Notwithstanding the applicant's contention and sincerity, in the absence of documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  With respect to the Combat Infantryman Badge:

	a.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	b.  The applicant's service in Vietnam is not in question.  However, he held a logistics MOS.  There is no evidence in the available records and he did not submit evidence that shows he held an infantry MOS or that he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.

	c.  In the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X  ___  ___X ___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the overall merits of this case are sufficient to warrant partial relief.

2.  As for the request for reconsideration of his request to add the marksmanship badge to his DD Form 214, the Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR2002077189, dated 17 December 2002.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) to his DD Form 214.

3.  As for the request for reconsideration of his request to add the Purple Heart to his DD Form 214, 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 to amend the ABCMR’s decision in Docket Number AR2002077189, dated 17 December 2002.

4.  As to the new issue of the Combat Infantryman Badge, 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 to add this badge to his DD Form 214.



      ___________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)                                         AR20110020290



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ABCMR Record of Proceedings (cont)                                         AR20110020290



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