BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130021842 


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 (PH) and Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards.

2.  The applicant states he was wounded in the foot and spent time in the hospital during his service in Vietnam.  He feels he is entitled to award of the CIB for his duty as an infantryman in the 1st Battalion, 6th Infantry Regiment, 198th Light Infantry Brigade, Americal Division, in Chu Lai, Vietnam.  He is seeking medical assistance from the Department of Veterans Affairs and needs his military records corrected.

3.  The applicant provides a copy of his DD Form 214.

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 14 November 1968, the applicant was inducted into the Army of the United States.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On or about 4 April 1969, the applicant departed Fort Lewis, WA, for duty in Vietnam.

4.  On 6 May 1969, the applicant was assigned as a radio operator in MOS 11B with Company E, 1st Battalion, 6th Infantry Regiment, 198th Light Infantry Brigade.

5.  On 31 May 1969, the applicant was reassigned to duty as a senior scout observer in MOS 11B within his company.

6.  On 12 August 1969, the applicant was reassigned to Company D as a rifleman in MOS 11B within the same battalion.

7.  In September 1969, the applicant received medical treatment for thorns in the bottom of his foot.  Thorns were removed on 3 and 25 September 1969.  The circumstances surrounding his injury were not recorded in the available medical records.

8.  On 3 December 1969, the applicant was reassigned to Battery A, 3d Battalion, 82d Artillery Regiment, as a cannoneer in MOS 13B.

9.  On 13 June 1970, the applicant departed Vietnam.  

10.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.

11.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the PH or CIB.

12.  On 18 June 1970, the applicant was released from active duty.  He completed 1 year, 7 months, and 5 days of creditable active duty service.

13.  The applicant's DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars

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

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The PH is awarded to a member of the Armed Forces or any civilian national 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the PH and CIB for his service in Vietnam and his DD Form 214 should be corrected to show these awards.

2.  The evidence of record clearly shows the applicant was assigned as an infantryman with an infantry company.  However, there is insufficient evidence showing he had engaged the enemy in active ground combat.

3.  There are no available orders showing the applicant was awarded the PH and his name is not listed on the Vietnam casualty roster.  Item 40 of his DA Form 20 does not record any wounds received in action.  The available service medical records show the applicant suffered an injury to his foot due to thorns.  However, the circumstances surrounding how he acquired this injury were not made a part of the records.

4.  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)                                         AR20130021842



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ABCMR Record of Proceedings (cont)                                         AR20130021842



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