BOARD DATE:  17 June 2014

		DOCKET NUMBER:  AR20130019066


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, in effect:

* award of the Purple Heart for an injury he received in Vietnam in April 1967
* Air Medal for his service in Vietnam
* award of the Combat Infantryman Badge for his service with the 1st Battalion, 9th Infantry in Korea

2.  The applicant states:  

	a.  He experienced injustice as a black man in 1967 and 1968 during his tour in Vietnam.  He was involved in a mine explosion on Highway 1 and he was one of the 18 or 19 men injured.  However, he did not receive the Purple Heart.  

	b.  He flew over 100 hours while in Vietnam and his commander told him he was going to put him in for an Air Medal but that didn't happen.  He states that if a person was black and in the Army he was treated differently.   

	c.  During his time on Vietnam he was told by his commander he was going to be put in for a Bronze Star Medal.  He knows the commander put other Soldiers in for that medal and they received it, but he didn't. 

	d.  He served a year with the 1st Battalion, 9th Infantry in Korea and should have received the Combat Infantryman Badge.

3.  The applicant provides:

	a.  A 19 January 1977 letter of appreciation for his outstanding performance and devotion to duty during the Thanksgiving and Christmas Holiday periods.

	b.  A 5 March 1980 letter of commendation from the battery commander for the applicant's outstanding performance of duty while in that unit.

	c.  his DA Form 2-1 (Personnel Qualification Record - Part II).

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 was inducted on 20 June 1966.  He held military occupational specialty 13A (Field Artillery Crewman).  

3.  He was honorably released from active duty on 19 June 1968 as a private first class (PFC)/E-3.  He had completed 2 years of active duty service.  His DD Form 214 shows he served 1 year in Vietnam and does not show award of the Purple Heart or Air Medal. 

4.  The applicant reenlisted on 11 March 1970.  He held MOS 75E (Personnel Actions Specialist) and 94B (Food Service Specialist).  

5.  He was discharged due to physical disability, with severance pay, effective 
23 November 1984 as a sergeant (SGT)/E-5.  He had completed 8 years, 
8 months, and 13 days of active duty service during the period covered by the DD Form 214.  His DD Form 214 does not show award of the Purple Heart or Air Medal or the Combat Infantryman Badge.



6.  The applicant's DA Form 2-1 shows he served in Vietnam from 19 March 1967 through 1 March 1968, and in Korea from 1 August 1977 through 31 July 1978.  The Purple Heart, Air Medal, and the Combat Infantryman Badge are not listed among his authorized awards.

7.  The applicant's medical records are not available for review.

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.  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 any orders pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) states that

	a.  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 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 Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  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 or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat with his infantry unit.  

	

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence showing the applicant was eligible for, recommended for, or awarded the Air Medal or Combat Infantryman Badge (he was artillery, not infantry). 

2.  There is no evidence of record and the applicant did not provide any evidence that shows he was wounded as a result of hostile action, that he was treated for such wound, or that it was made a matter of official record.  There is no available evidence that shows he met the criteria for award of the Purple Heart.

3.  Regrettably, in view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20130019066



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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