IN THE CASE OF:	  

		BOARD DATE:	  10 September 2013

		DOCKET NUMBER:  AR20130001298 


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 reconsideration of his earlier request for award of the Purple Heart.  As a new issue, he requests award of the Combat Infantryman Badge.

2.  The applicant states he was injured in combat when he fell on a punji stick.  His injury required surgery to his left hand for removal of poisonous debris.  He further states that he was injured and shed blood but did not receive the Purple Heart for his combat injury and he was not awarded the Combat Infantryman Badge.

3.  The applicant provides copies of his medical records for the period 16 February 1966 through 6 October 1967.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050012938 on 29 June 2006.

2.  The applicant provided medical records not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and, as such, warrants consideration by the Board.

3.  The applicant enlisted in the Regular Army on 4 November 1965 and he served in primary military occupational specialty (MOS) 13A (Field Artillery Basic) during his initial enlistment.

4.  He served in Vietnam as an ammunition handler assigned to the Howitzer Battery, 1st Squadron, 11th Armored Cavalry Regiment, during the period 20 August 1966 through 16 July 1967.

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 40 (Wounds), no entry
* item 41 (Awards and Decorations), no entry for award of the Purple Heart or Combat Infantryman Badge

6.  On 1 November 1968, he was honorably released from active duty at his expiration of term of service.

7.  His records are void of any medical documents showing he was wounded as a result of hostile action or treated for such wounds.

8.  A review of The Adjutant General's Office Casualty Division's Vietnam Casualty Listing does not show the applicant's name as a casualty.

9.  The applicant provides medical records that show that he received treatment for a foreign body (splinter) in his left index finger in May 1967.  The medical documents further show he was referred to the 7th Surgical Hospital on 30 May 1967 for an infected wound to his left hand.  There is no reference to the origin of the applicant's injury listed in the medical records provided by the applicant.

10.  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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 stated 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 Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria.  Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

2.  The applicant's medical records show he was treated for a splinter imbedded in his left index finger; however, these documents do not indicate the origin of his wound or that he was wounded in action.  Item 40 of his DA Form 20 is blank and his name is not included in the Vietnam casualty listing, the official Department of the Army list of Vietnam battle casualties.  In the absence of such evidence, the regulatory burden of proof necessary to support award of the Purple Heart has not been met.

3.  The evidence of record shows he performed the duties of an ammunition handler while assigned to the Howitzer Battery, 1st Squadron, 11th Armored Cavalry Regiment, during his tour of duty in Vietnam.  By regulation, in order to support award of the Combat Infantryman Badge for a cavalry assignment, a member must have been awarded and have served in an infantry MOS while assigned to an infantry platoon or squad in armored cavalry squadron or regiment.  Therefore, he does not meet the eligibility criteria for award of the Combat Infantryman Badge.

4.  In view of the foregoing, his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the request for reconsideration of award of the Purple Heart, 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 to amend the decision of the ABCMR set forth in Docket Number AR20050012938, dated 29 June 2006.

2.  In regard to the new issue of award of the Combat Infantryman Badge, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of the 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)                                         AR20130001298



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001298



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1