IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120002993 


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
* Bronze Star Medal
* Combat Infantryman Badge

2.  The applicant states some papers were lost because of his sudden departure from the Republic of Vietnam (RVN).  He states he had no reason to look at his DD Form 214 in depth until now.  Errors were found while investigating his retirement benefits.

3.  The applicant provides:

* DD Form 214 effective 25 August 1961
* DD Form 214 effective 1 September 1970
* pages 2 and 3 of medical evaluation board (MEB) proceedings circa 1970
* DA Form 20 (Enlisted Qualification Record)

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.  On 9 November 1960, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 111.00 (Light Weapons Infantryman).  He was released from active duty due to family hardship on 25 August 1961 and was transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  The applicant's DD Form 214 for the period ending 25 August 1961 shows:

	a.  he attained the rank of private first class/pay grade E-3,

	b.  he had no overseas service,

	c.  he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and

	d.  his service was characterized as honorable.

4.  Records indicate the applicant again enlisted in the Regular Army in 1966.  He was sent to basic combat training and advanced individual training and was awarded primary MOS 41F (Projector Repairman) and secondary MOS 11B (Light Weapons Infantryman).  He was subsequently assigned for duty as a light vehicle driver at Fort Hood, Texas.

5.  On 15 December 1967, the applicant departed Fort Hood for duty in the RVN.  His assignments in the RVN included:

	a.  23 January to 20 April 1968 as a photographic repairman with the 578th Light Equipment Maintenance Company;

	b.  21 April to 5 August 1968 as a photographic equipment repairman with the 128th Signal Company; and

	c.  6 August 1968 to 16 January 1969 as a light weapons infantryman with Company A, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division.

6.  On 17 January 1969, the applicant departed the RVN for duty in Europe.  His assignments in Europe included:

	a.  3 March to 14 August 1969 as a photographic repairman and field radar repairman with the 81st Light Equipment Maintenance Company and

	b.  15 August to 31 October 1969 as a photographic repairman with the 91st Light Equipment Maintenance Company.

7.  On 1 November 1969, the applicant was assigned as a patient to the Medical Holding Detachment, U.S. Army General Hospital, Landstuhl, Germany.  On 13 December 1969, he was reassigned to the Medical Holding Company, 97th General Hospital, Frankfurt, Germany.

8.  On 17 December 1969, the applicant was medically evacuated from Europe and assigned to the Medical Holding Detachment, Great Lakes Naval Hospital, Great Lakes, Illinois.

9.  Pages 2 and 3 of MEB proceedings circa 1970 provided by the applicant state he had been diagnosed with recurrent pulmonary emboli.

	a.  His condition "developed following blunt trauma when he was thrown from an armored personnel carrier in the RVN in February 1969 [sic]."  Recurrent pain and swelling of his left leg resulted in his hospitalization in Germany in September 1969.  Subsequent failure of anticoagulant therapy led to his medical evacuation from Germany.

	b.  The MEB recommended his appearance before a physical evaluation board.

10.  The applicant's DD Form 214 effective 1 September 1970 shows he retired due to physical disability.  His awards were:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* two overseas service bars

11.  The applicant's name is not listed on the Vietnam casualty roster.

12.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding the applicant the Purple Heart or the Bronze Star Medal.

13.  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 authorized for award to any member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  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.

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and 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 and to enlisted and warrant officer persons who have an infantry MOS 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.  Appendix V provided 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, Bronze Star Medal, and Combat Infantryman Badge

2.  There are no general orders available that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam casualty roster.

3.  The available evidence indicates that the applicant received an injury when he was thrown from an armored personnel carrier in February 1969 while serving in the RVN.  However, records also show he departed the RVN in January 1969.  Regardless of when or where he sustained his injury, there is no available evidence showing his injury was the direct result of enemy action.

4.  There are no available general orders that show the applicant was awarded the Bronze Star Medal.

5.  The evidence clearly shows the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while serving in the RVN.  However, it does not sufficiently show he engaged in active ground combat.

6.  In view of the above, the applicant's request should be denied.

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 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)                                         AR20120002993



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ABCMR Record of Proceedings (cont)                                         AR20120002993



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