IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120002810 


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 (Report of Separation from Active Duty) for the period ending 31 January 1974 to show the Purple Heart and Combat Infantryman Badge.

2.  The applicant states he would like his DD Form 214 updated and the awards sent to him.  He believes he should have gotten the Combat Infantryman Badge for his actions in the Korean War while serving with the 31st Infantry Regiment.  He also believes he should have gotten the Purple Heart when his big toe on his right foot was blown off in Vietnam.  They were able to sew it back on while he was there.

3.  The applicant provides two DD Forms 214.

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 was inducted into the Army of the United States on 25 April 1951 and he held military occupational specialty (MOS) 1824 (Cook).  He served in Korea from 20 July 1952 to 2 April 1953 while assigned to 1st Battalion, 31st Infantry Regiment.

3.  On 8 April 1953, he was honorably released from active duty and transferred to the Enlisted Reserve Corps.  He completed 1 year, 11 months, and 14 days of creditable active service during this period of service.

4.  The DD Form 214 he was issued for this period of service does not show the Combat Infantryman Badge.

5.  His record does not contain orders for the Combat Infantryman Badge.

6.  On 6 December 1955, he enlisted in the Regular Army and he held MOS 941 (Cook) and MOS 55D (Explosive Ordnance Disposal Specialist).  He was honorably discharged on 27 October 1966 for the purpose of accepting an appointment as a warrant officer (WO).  He completed 10 years, 10 months, and 22 days of creditable active service during this period of service.

7.  His DD Form 214 for this period of service is not available for review with this case. 

8.  He was appointed as a WO in the U.S. Army Reserve on 28 October 1966 with a concurrent call to active duty and he held MOS 411A (Ammunition Technician).  He was promoted to the rank of chief warrant officer two (CW2) on 29 January 1968 and to the rank of CW3 on 19 July 1972.

9.  He served in Vietnam from:

* 8 July 1967 - 4 July 1968, while assigned to the 15th Service and Support Battalion, 1st Cavalry Division
* 22 July 1970 - 21 May 1971, while assigned to the 576th Ordnance Company

10.  He was honorably retired from active duty on 31 January 1974 in the rank of CW3.  He completed 7 years, 3 months, and 3 days of creditable active service during this period of service.

11.  The DD Form 214 he was issued for this period of service does not list the Purple Heart or the Combat Infantryman Badge as authorized awards.

12.  Additionally, there is no medical evidence in his available record that shows he was wounded as a result of hostile action while in an active duty status or orders awarding him the Purple Heart.

13.  A review of The Adjutant General's Casualty Division's Vietnam casualty listing failed to list his name as a casualty.

14.  A 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 U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the applicant. 

15.  Army Regulation 600-8-22 (Military Awards) 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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

16.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

DISCUSSION AND CONCLUSIONS:

1.  There are 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.

2.  The applicant's service in Korea and assignment to an infantry unit are not in question.  However, the evidence of records shows he held MOS 1824 at the time.  There is no evidence that he ever held an infantry MOS while assigned to an infantry duty position, and was actively engaged in ground combat with the enemy.  Therefore, he does not meet the criteria for award of the CIB.

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

4.  There is no evidence in the applicant’s records and he has not provided any evidence that shows he was wounded or injured in Vietnam as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record.  

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

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)                                         AR20120002810



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ABCMR Record of Proceedings (cont)                                         AR20120002810



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