IN THE CASE OF:	  

		BOARD DATE:  31 May 2012

		DOCKET NUMBER:  AR20110024300 


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 that he be awarded the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

2.  The applicant states that he should be awarded the PH and CIB for his service in the Republic of Vietnam (RVN).

3.  The applicant provides copies of a Standard Form (SF) 93 (Report of Medical History), Department of Veterans Affairs (VA) Rating Decisions, and his RVN foreign award.

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.  Prior to the period of service under review the applicant served honorably in the Regular Army (RA) from 4 June 1968 to 27 March 1969 in military occupational specialty (MOS) 64B (Heavy Vehicle Driver).

3.  On 28 March 1969, he reenlisted in the RA in MOS 12C (Bridge Specialist). 

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 20 June 1970 to 19 June 1971 and he was assigned to Company A, 7th Engineer Battalion, 1st Brigade, 5th Infantry Division and performed the duties of a heavy vehicle driver during his tenure in the RVN.

5.  Item 40 (Wounds) of his DA Form 20 contains no entries.

6.  The PH and CIB are not listed on the applicant's DD Forms 214 and there are no orders or other documents in the applicant's record that indicate he was recommended for or awarded the PH or CIB.  There are also no medical treatment records confirming treatment for a wound received as a result of hostile action.

7.  On 27 March 1972, the applicant was honorably released from active duty in the rank/grade of specialist four/E-4 after completing 3 years, 9 months, and 24 days of total active military service.

8.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is not included on the roster.

9.  The applicant provided an SF Form 93 which shows during his separation examination he reported he was injured by shrapnel in his leg and foot while serving in the RVN.

10.  Additionally, the applicant provided VA Rating Decisions which show he has been granted service-connected compensation.  He also provided an RVN foreign award which is printed in a foreign language.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

12.  Army Regulation 600-8-22 contains guidance on the Combat Infantryman Badge.  It states that in order to qualify for the Combat Infantryman Badge a member must meet the following three requirements:  be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.

13.  Army Regulation 600-8-22 states combat service alone does not qualify a member for the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the PH and CIB has been carefully considered and it was determined that there is insufficient evidence to support this request.

2.  Award of the PH requires the submission of substantiating evidence to verify the injury/wound was the result of enemy action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.  

3.  The applicant's record is void of orders that show he was awarded the PH, his name is not listed on the Vietnam casualty roster, and the SF 93 that he provided showing he reported he was injured by shrapnel in his leg and foot does not show he sustained the injury/wound as a result of enemy action; therefore, the evidence is not sufficient to support award of the PH.

4.  By regulation, in order to support award of the CIB there must be evidence not only that a member held and served in an infantry MOS while assigned to a qualifying infantry unit the evidence must also show he was personally present and participated with his qualifying infantry unit while the unit engaged in active ground combat with enemy forces.

5.  The applicant's record shows he was assigned to the RVN in MOS 12C and he served in an engineer company performing the duties of a heavy truck driver; therefore, it would not be appropriate to award him the CIB.

6.  The applicant and all others concerned should know this action related to award of the PH and CIB in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


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)                                         AR20110024300



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ABCMR Record of Proceedings (cont)                                         AR20110024300



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