IN THE CASE OF:	  

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110023227 


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 correction of his records to show award of the Purple Heart and Combat Infantryman Badge.

2.  He states that on 18 January 1971 his unit was under fire by mortar rounds and while he was heading for cover a round went off sending shrapnel into his groin.  He was medically evacuated to A Company, 326th Medical Battalion, and was hospitalized for 5 days.

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Standard Form (SF) 539 (Abbreviated Clinical Record).

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 was inducted into the Army on 9 April 1970.  He was awarded the military occupational specialty of 11B (Light Weapons Infantryman).  The highest rank/grade he held was sergeant/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as an 11B (Rifleman) during his tour of duty in the Republic of Vietnam (RVN) while he was assigned to A Company, 2nd Battalion, 327th Infantry, 101st Airborne Division (Air Mobile), during the period 1 October 1970 to 31 October 1971.

4.  He was released from active duty on 5 November 1971.  He was credited with completion of 1 year, 6 months, and 27 days of active service.

5.  His DD Form 214 does not list the Purple Heart or the Combat Infantryman Badge.

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

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

8.  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 for award of the Purple Heart pertaining to the applicant.

9.  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.

10.  An SF 600 (Health Record - Chronological Record of Medical Care) states, on 18 January 1971, a high explosive round had gone off 1 hour before in front of the applicant.  He was to be admitted to the hospital.  Additional details of his medical care for several days thereafter are contained on additional SFs 600.  There is no mention in any of these entries regarding how he incurred the fragment wound.

11.  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.
12.  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.  

DISCUSSION AND CONCLUSIONS:

1.  An SF 600 states that on 18 January 1971 a high explosive round had gone off in front of the applicant.  He was to be admitted to the hospital.  However, there is no mention in any of these entries or elsewhere in his records regarding how he incurred the fragment wound.

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

3.  In the absence of evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, and 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 held and served in an 11B MOS in an infantry unit in 1969 while in Vietnam.  However, there is no evidence he served in active ground combat while assigned to this unit.  As such, there is an insufficient basis for which to award him the Combat Infantryman Badge.

5.  In view of the foregoing, there is an insufficient basis for granting the applicant's request.
 
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)                                         AR20110023227



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023227



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1