IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120000448 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Purple Heart
* Combat Infantryman Badge

2.  The applicant states, in effect, that:

* he was wounded by a grenade fragment on the right side of his stomach while in combat during the TET Counteroffensive in 1968
* he served with the Military Assistance Command, Vietnam (MACV), and the 1st Infantry Division in the Republic of Vietnam (RVN)
* he was with the 4th Corps Headquarters Advisor Team 96
* during the TET Counteroffensive he helped repel an attack on the 4th Corps Headquarters
* he was a sergeant (SGT) assigned to the 1st Infantry Division and he spent the last seven months in the RVN with an infantry company 

3.  The applicant provides his DD Form 214 and his honorable discharge certificate. 



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.  The applicant enlisted in the Regular Army on 1 July 1966.  He successfully completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant arrived in Vietnam on 5 October 1967 and he was assigned to Advisory Team 51, 4th Corps Advisory Group, MACV, where he performed duties as a security guard.  On 14 October 1968, he transferred to A Company, 1st Battalion, 26th Infantry, 1st Infantry Division, where he served as a squad leader.

4.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence that shows he was treated for wounds as a result of hostile action in the RVN.  The applicant's name is not listed on the Vietnam Casualty Roster.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or the Combat Infantryman Badge.

6.  The applicant's Army medical treatment records are not available for review.

7.  Item 39 (Identifying Body Marks, Scars, Tattoos) of the applicant's Standard Form 88 (Report of Medical Examination), dated 27 April 1969, shows no abnormalities.

8.  The applicant's Standard Form 89 (Report of Medical History), dated 27 April 1969, shows the purpose of the medical examination as "separation" and he stated he was in "good" health.  Item 33 (Have you ever had any illness or injury other than those already noted?) shows he indicated "yes."  The applicant stated he had ear trouble from an explosion, he had an operation to remove a growth over his left eye, and he had a piece of a fragment in his stomach from the TET Counteroffensive of 1968.

9  The applicant's DD Form 214 does not show award of the Purple Heart or the Combat Infantryman Badge.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States 
Army Human Resources Command, failed to reveal any orders for the Purple Heart or the Combat Infantryman Badge pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.

12.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the Purple Heart and the Combat Infantryman Badge were carefully considered and it was determined there is insufficient evidence to support his request.  Although his Standard Form 
89 indicated that he had a piece of fragment in his stomach from the TET counteroffensive, there is no evidence that shows he was treated for wounds as a result of hostile action.

2.  In the absence of additional military documentation showing the applicant was wounded in action or treated for wounds as a result of hostile action on a specific date that corroborates the Standard Form 89, there is an insufficient basis for awarding him the Purple Heart.

3.  Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman position with A Company, 1st Battalion, 26th Infantry, 1st Infantry Division, where he served as a squad leader before leaving the RVN.  However, there is insufficient evidence to show he met all the criteria required for award of the Combat Infantryman Badge specifically.  There is no evidence in the available records and the applicant has not provided evidence that shows he participated in active ground combat as an infantryman.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

5.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his 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)                                         AR20120000448





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ABCMR Record of Proceedings (cont)                                         AR20120000448



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