BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110020946


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 (CIB) and the Purple Heart.

2.  The applicant states:

* he was sent to the Republic of Vietnam as an infantryman [military occupational specialties (MOS) 11B (Infantryman)]
* he entered Vietnam at Cam Ranh Bay, where he stayed briefly
* during this time he performed guard duty 
* after leaving Cam Ranh Bay, he was sent to another location where he performed more guard duty
* he was briefly assigned to the 8th Engineer Battalion where he assisted with constructing a runway
* he was eventually assigned to Company A, 229th Aviation Battalion as a crew chief and door gunner
* he returned to the U.S. and was discharged on 18 December 1970
* his record clearly shows these facts and the requested awards should be noted on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

3.  The applicant provides his DD Form 214, several Standard Forms 600 (Chronological Record of Medical Care) and a Standard Form 513 (Consultation Sheet), containing hand-written medical notes that document treatment he received during the period June through November 1970.

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 15 April 1969, the applicant was inducted into the Army of the United States.  On 22 August 1969, he completed his initial entry training and was awarded MOS 11B.  

3.  His record shows he served in the Republic of Vietnam from on or about      26 January 1970 to on or about 17 December 1970.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that during his service in Vietnam he was assigned to:

* Company C, 31st Engineer Battalion, 79th Engineer Group, 20th Engineer Brigade, from on or about 31 January 1970 to on or about 13 March 1970, as a construction specialist in MOS 12B (Combat Engineer)
* Company A, 227th Aviation Battalion (Assault Helicopter), 1st Cavalry Division (Airmobile), from on or about 14 March 1970 to on or about        17 December 1970, as a helicopter door gunner in MOS 67A (Aircraft Maintenance Apprentice)

4.  Special Orders Number 70, Headquarters, 31st Engineer Battalion, dated    11 March 1970, reassigned him to 15th Replacement Detachment, with further assignment to Company A, 227th Aviation Battalion (Assault Helicopter), effective 14 March 1970.

5.  Special Orders Number 105, Headquarters, 1st Cavalry Division (Airmobile), dated 15 April 1970, reassigned him to Company A, 227th Aviation Battalion (Assault Helicopter), in duty MOS 67A, effective 14 March 1970.

6.  On 1 October 1970, he was reclassified and awarded MOS 67A as his primary MOS.

7.  On 18 December 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was credited with the completion of 1 year, 8 months, and 4 days of net service during this period of active duty, including 10 months and 22 days of foreign service in the Republic of Vietnam.  His DD Form 214 does not indicate he was previously awarded the CIB or Purple Heart.

8.  His available records do not indicate he was previously awarded the CIB.

9.  Item 40 (Wounds) of his DA Form 20 is blank, indicating he did not sustain any wounds during his military service.

10.  His available record does not contain orders for the Purple Heart nor does it contain any documentation pertaining to the treatment of any wounds or injuries he sustained during his service in Vietnam.  His name does not appear on the Vietnam casualty roster.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, failed to reveal any orders pertaining to the applicant for the CIB or Purple Heart.

12.  He provides several Standard Forms 600 and a Standard Form 513 containing hand-written medical notes that document the treatment he received for an eye injury, during the period June through November 1970.  None of these documents substantiate the cause of his injury.

13.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers possessing an infantry MOS.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit, of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.  

14.  Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), the regulation in effect at the time, states that during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  This regulation further provided for award of the CIB to infantry personnel serving as members of infantry platoons and squads in cavalry squadrons and regiments.  
15.  Army Regulation 600-8-22 states 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 that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Combat Infantryman Badge (CIB) and the Purple Heart.

2.  The evidence of record shows he held MOS 11B; however, he was not performing infantry duties and he was not assigned to an infantry unit.  

3.  He submitted several medical forms that show he received treatment for an eye injury during his period of service in the Republic of Vietnam; however, neither the submitted documents nor his available record show he received any wounds that resulted from hostile action, that such wounds required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.  

4.  In view of the foregoing, there is an insufficient basis to grant relief in this case.

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 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110020946



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