IN THE CASE OF:	  

		BOARD DATE:  8 January 2013

		DOCKET NUMBER:  AR20120010505 


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 award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and the Combat Infantryman Badge.  

2.  He states he was not issued a Purple Heart for wounds received from a mortar attack in October 1968.  He was treated in the field and never had a record of his wounds.  He states he has orders for the Combat Infantryman Badge which he will submit at a later date.

3.  He provides:

* DD Form 214
* front page of his DA Form 20 (Enlisted Qualification Record)
* statement from Vietnam veteran 

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.  His military records show he enlisted in the Regular Army on 10 August 1967.  He completed training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).  The highest rank/grade he attained was specialist four/E-4.

3.  His record contains a DA Form 20 that shows in item 38 (Record of Assignments) that during his tour of duty in Vietnam he performed duties as a pathfinder while assigned to the Headquarters and Headquarters Company, 11th Aviation Group, 1st Cavalry Division (Air Mobile) during the period 19 April 1968 to 9 April 1969.  This form contains no entry (blank) in Item 40 (Wounds).

4.  He was honorably released from active duty on 7 August 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 11 months, and 28 days of creditable active service during this period.  The DD Form 214 he was issued at the time does not show award of the Purple Heart or the Combat Infantryman Badge.

5.  His record is void of any documents that indicate he was ever wounded or awarded the Purple Heart by proper authority.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name listed as a casualty.

7.  His record is void of any orders or other documents that indicate he was recommended for or awarded the Combat Infantryman Badge by the proper authority.

8.  He submits a statement from a Vietnam veteran who states he served with the applicant in the 11th Pathfinder Company, 1st Cavalry Division.  He states that in October 1968 he and the applicant were working with B Company, 2nd of the 12th when they came under mortar attack.  The applicant was hit with shrapnel in his left thigh and right lower leg.  Medical personnel on the scene took care of his wounds and they continued on with the mission.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military awards.  It states:

	a.  the Purple Heart is awarded for a wound sustained 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was injured in a mortar attack.  However, there is no evidence of record and he did not provide any evidence beyond the statement of a fellow Soldier that he incurred an injury as the result of hostile action.

2.  In the absence of documentary evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, or that the medical treatment was made a matter of official record, there is insufficient evidentiary basis for awarding him the Purple Heart in this case.

3.  There is no evidence in his record that he was awarded the Combat Infantryman Badge and he has provided no orders for this badge.  There is no evidence that he served in active ground combat while he was assigned to or attached to an infantry unit.  Therefore, there is an insufficient basis for adding this badge to his DD Form 214.

4.  In view of the foregoing, there is an insufficient basis for granting his request.

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)                                         AR20120010505



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ABCMR Record of Proceedings (cont)                                         AR20120010505



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