IN THE CASE OF:	  

		BOARD DATE:	  2 August 2012

		DOCKET NUMBER:  AR20120001472 


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 the:

* Purple Heart
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device

2.  The applicant states that he sustained a left shoulder wound in action in Vietnam.  The omission of these awards was made because he was attached to a support unit. 

3.  The applicant did not provide any evidence. 

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's records show he enlisted in the Regular Army on 17 January 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 57H (Cargo Handler).

3.  His records show he served as a cargo handler in Vietnam with Company A, 9th Supply and Transportation Battalion, 9th Infantry Division, from on or about 16 July 1967 to on or about 11 July 1968.

4.  He was honorably released from active duty on 16 January 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  

5.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Nothing in six typical sources shows he was wounded in action or awarded the Purple Heart:

* Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat injury
* Item 41 (Awards and Decorations) of this form does not list the Purple Heart
* His medical records are not available for review with this case
* His name is not shown on the Vietnam casualty roster
* There are no general orders in his records that show he was awarded the Purple Heart
* A review of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any Purple Heart orders on file for him

7.  Nothing in four typical sources shows he held an infantry MOS or was awarded the Combat Infantryman Badge:


* Item 22 (MOS) of his DA Form 20 shows he held MOS 57H
* Item 27 of his DA Form 20 does not show completion of any infantry courses
* Item 38 (Record of Assignment) of his DA Form 20 shows he performed duties of cargo handler in Vietnam and was assigned to a Supply and Transportation Battalion
* His records do not contain special orders awarding him the Combat Infantryman Badge

8.  Nothing in three typical sources shows he was recommended for or awarded the Bronze Star Medal with "V" Device:

* Item 41 of his DA Form 20 does not list award of the Bronze Star Medal with "V" Device
* There are no general orders in his records that show he was awarded the Bronze Star Medal with "V" Device 
* A review of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any Bronze Star Medal orders on file for him

9.  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 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	c.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Bronze Star Medal.

10.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that 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.  With respect to the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster.  His service medical records are not available for review with this case.  

	c.  Notwithstanding the applicant's contention and sincerity, in the absence of documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

2.  With respect to the Combat Infantryman Badge:

	a.  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.
	b.  The applicant's service in Vietnam in not in question.  However, he held a non-infantry MOS and served with a Supply and Transportation Battalion.  There is no evidence in the available records and he did not submit substantiating evidence that shows he held an infantry MOS, he was assigned to an infantry unit, or that he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.  Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

3.  With respect to the Bronze Star Medal, the governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of official orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

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)                                         AR20120001472



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ABCMR Record of Proceedings (cont)                                         AR20120001472



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