IN THE CASE OF:	  

		BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110024107 


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 previous request for award of the Purple Heart.  He also requests to be awarded the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle).

2.  The applicant states his primary military occupational specialty (MOS) was 11B4P (Light Weapons Infantryman – Parachutist), but he never received the CIB.  He would like to pass his medals on to his sons.  He adds that he understands he probably will not be awarded the Purple Heart because the medics did not have time to write everything down.

3.  The applicant provides orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and a third-party statement.

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.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100017512 on 12 January 2011.

3.  He provides a third-party statement which was not previously considered by the Board.  Therefore, it is new evidence which warrants consideration by the Board.

4.  The previous Record of Proceedings concluded that his military records did not contain evidence showing he was wounded as a result of hostile action, the wounds required treatment by medical personnel, or the medical treatment was made a matter of official record.  It also noted that his name is not listed on the Vietnam casualty roster.  Therefore, there was insufficient evidence on which to base awarding him the Purple Heart.

5.  The applicant was inducted into the Army of the United States on 13 December 1967 and he was awarded MOS 11B upon completion of initial entry training.

6.  Company A, 1st Battalion (Airborne), 504th Infantry, Fort Bragg, NC, Unit Order Number 59, dated 21 October 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  Headquarters, 173rd Airborne Brigade, Special Orders Number 69, dated 10 March 1969, awarded him MOS 13A as his secondary MOS.

8.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 21 November 1968 to 20 November 1969.  Item 38 (Record of Assignments) shows he was assigned to Batteries C and D of the 3rd Battalion, 319th Artillery, in Vietnam with duty in MOS 13A (Cannoneer).  The CIB is not listed in item 41 (Awards and Decorations) of his DA Form 20.

9.  He was released from active duty on 21 November 1969.  His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 19 April 2011, shows he was awarded or authorized the following:

* National Defense Service Medal
* two overseas service bars
* Parachutist Badge
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Commendation Medal
* Air Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

10.  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 the Purple Heart pertaining to the applicant.

11.  He provides a third-party statement from a fellow Soldier who describes an event that took place in June or July 1969 in which the applicant's right leg was punctured by a punji stake while attempting to take cover from sniper fire.  The author also describes the medical treatment received by the applicant.

12.  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 CIB 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 (Decorations and Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  His record does not contain any documentation indicating he was wounded or injured as a result of hostile action as outlined in the governing regulation.  His name is not included on the Vietnam casualty roster.  In the absence of such evidence, the third-party statement provided is insufficient to award him the Purple Heart.

3.  Although he was awarded an infantry MOS upon completion of initial entry training, the evidence shows he was assigned to an artillery unit with duties in MOS 13A while serving in Vietnam.  Therefore, he did not meet the criteria for award of the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant partial relief.

2.  In regard to the new issues, the Board determined the evidence presented is sufficient to warrant partial relief.  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.  The Board further determined the evidence presented is insufficient to warrant a portion of the relief requested in the new issues.  As a result, the Board recommends denial of so much of the application that pertains to the CIB.

4.  In regard to the request for reconsideration for award of the Purple Heart, the Board determined the evidence presented Is insufficient to warrant amendment 

of the ABCMR decision in Docket Number AR20100017512, dated 12 January 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)                                         AR20110024107



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024107



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1