BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130014850 


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 following:

* Purple Heart
* Combat Infantryman Badge (CIB)
* the correct Republic of Vietnam (RVN) service

2.  The applicant states the dates he served in the RVN are incorrectly shown as 
23 April 1971 to 25 February 1971 instead of 23 April 1971 to 25 February 1972. He further states that the CIB is not listed on his DD Form 214 and a Purple Heart was not issued to him for a combat injury to his lower left extremity, as shown on his Department of Veterans Affair (VA) Rating Decision.

3.  The applicant provides:

* his DD Form 214 
* DA Form 20 (Enlisted Qualification Record), audited 28 March 1972
* a VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), dated 23 February 2012
* page 1 of a VA Rating Decision, dated 28 June 2012





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 enlisted in the Regular Army on 21 November 1969.  He successfully completed training and was awarded military occupational specialty (MOS) 11E (Armor Crewmember).  He was later awarded secondary MOS 11D (Armor Reconnaissance Specialist) effective 10 January 1972.

3.  The applicant arrived in the RVN on 23 April 1971 and he was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 5th Infantry Division (Mechanized) on 16 May 1971, where he performed duties as a scout driver.  On 19 August 1971, he transferred to C Troop, 1st Squadron, 10th Cavalry, where he performed duties as a scout driver.  On 29 October 1971, he transferred to E Troop, 2nd Squadron, 11th Armored Cavalry Regiment where he performed duties as a scout driver.

4.  The applicant departed the RVN on 25 February 1972.  He was assigned to 
E Troop, 9th Cavalry, Fort Ord, CA.  On 5 June 1972, he was honorably released from active duty. 

5.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

Item 30 (Remarks) shows the entry "Vietnam--23Apr1971-25Feb1971, Indochina-- Yes, Korea--No."



6.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows his service in the RVN from 23 April 1971 to 25 February 1972.  Item 
40 (Wounds) is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or the CIB.

7.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence that shows he was treated for wounds as a result of hostile action in the RVN.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  The applicant's Army medical treatment records are not available for review.

9.  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 Awards and Decorations Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart or the CIB pertaining to the applicant.

10.  The applicant provided one page of a VA Rating Decision, dated 28 June 2013, that shows he received the following service-connected disability ratings:

* 70 percent - post-traumatic stress disorder
* 10 percent - bilateral tinnitus
* 10 percent - scar, residual of the left lower extremity injury
*   0 percent - bilateral hearing loss

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Army Regulation 600-8-22 states the CIB 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.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in item 30 of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  To show Vietnam service only, for example, enter "Vietnam -- 25 Apr 70 through 28 May 71, Indochina -- yes, Korea -- no."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the Purple Heart was carefully considered and it was determined there is insufficient evidence to support his request.  Although he provided his VA Rating Decision that shows residual scarring from an injury to his left lower extremity, there is no evidence that shows he was treated for wounds he received as a result of hostile action.

2.  In the absence of additional military documentation showing the applicant was wounded in action or treated for wounds as a result of hostile action on a specific date that corroborates his contention, there is an insufficient basis for awarding him the Purple Heart.

3.  Evidence of record shows that the applicant's primary MOS was 11E, an MOS for which the CIB was not authorized.  There is no evidence in the available records and he has not provided evidence that shows he participated in active ground combat while he held an MOS eligible for the CIB.  

4.  The applicant's DD Form 214 erroneously shows he served in the RVN for the period 23 April 1971 to 25 February 1971.  His DA Form 20 shows he served in the RVN during the period 23 April 1971 to 25 February 1972.  Therefore, his DD Form 214 should be corrected to show he served in the RVN from 23 April 
1971 to 25 February 1972. 






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  __X______  _X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry " Vietnam--23Apr1971-25Feb1971, Indochina--Yes, Korea--No" from item 30 of his DD Form 214 and  

   b.  adding to item 30 of his DD Form 214 the entry "Vietnam -- 23 Apr 
1971 through 25 Feb 1972, Indochina -- yes, Korea -- no. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Purple Heart and Combat Infantryman Badge to his DD Form 214.  



      _______ _ 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)                                         AR20130014850





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ABCMR Record of Proceedings (cont)                                         AR20130014850



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