IN THE CASE OF:  	  

		BOARD DATE:  19 February 2015  	  

		DOCKET NUMBER:  AR20140010710 


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, the widow of a deceased former service member (FSM), requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 September 1972 to show the Purple Heart and Combat Infantryman Badge.

2.  The applicant states the Purple Heart and Combat Infantryman Badge are not listed on her deceased spouse's DD Form 214.  He served in Vietnam in military occupational specialty (MOS) 11B (Light Weapons Infantryman) for 3 months and in MOS 95B (Military Policeman) for 8 months.  He served on the Drug Control Team as part of the infantry during undercover investigations.  As his widow, she needs these corrections made in order to show he was suffering from post-traumatic stress disorder (PTSD) before he shot himself in 1977 to receive Dependency and Indemnity Compensation (DIC) benefits.  The Army did ultimately cause him to commit suicide.

3.  The applicant provides two DD Forms 214, a marriage license, certificate of marriage, certificate of death, and an amendment to the certificate of death.

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.  Having had prior active service, the FSM enlisted in the Regular Army on 14 May 1971 and he held primary MOS 11B and secondary MOS 95B. 

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam while assigned to Headquarters and Headquarters Detachment (HHD), 90th Replacement Battalion, as follows in:

* MOS 95B, from 21 May to 30 November 1971, as a military policeman
* MOS 11B, from 1 December 1971 to 8 March 1972, as a security guard with the Drug Control Team

4.  He was discharged from the Regular Army on 14 September 1972.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized the Vietnam Service Medal, National Defense Service Medal, Vietnam Campaign Medal with Device (1960), and one overseas service bar.

5.  His records are void of any orders awarding him the Combat Infantryman Badge or the Purple Heart.  His records are void of any evidence that shows he served in active ground combat during his service in Vietnam.

6.  Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not show award of the Combat Infantryman Badge or the Purple Heart.

7.  A review of the Adjutant General's Casualty Division's Vietnam casualty listing failed to show his name as a casualty.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 for the Combat Infantryman Badge or the Purple Heart pertaining to the FSM.

9.  The applicant provides an amendment to a certificate of death, dated 10 November 1977, wherein it shows the FSM died on 24 October 1977 as the result of a gunshot wound and the death was ruled a suicide.
10.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  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.

   b.  Purple Heart is awarded for a wound sustained 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.

DISCUSSION AND CONCLUSIONS:

1.  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 to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

2.  While the FSM's service in Vietnam in an infantry MOS for over 3 months is not in question, there is no evidence in his records that shows he was personally present and under hostile fire and assigned to an infantry unit while his unit was actively engaged in ground combat with the enemy.  Regrettably, in the absence of evidence that conclusively shows he actively participated in ground combat, while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

3.  With respect to the Purple Heart, the criteria for this award requires the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action, the wound/injury required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

4.  The FSM's records are void of any evidence that shows he was wounded or injured as a result of hostile action.  His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound.  In the absence of evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, there is an insufficient evidentiary basis upon which to award the Purple Heart.


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)                                         AR20140010710





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ABCMR Record of Proceedings (cont)                                         AR20140010710



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