BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140010869 


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:

	a.  in effect, award of the Purple Heart and Combat Infantryman Badge and

	b.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit.

2.  The applicant states:

* he was wounded twice in Vietnam by friendly fire in August 1970
* he was wounded in the Anbar Province, Iraq, on 10 December 2004
* he served in the infantry in the U.S. Marine Corps in Vietnam
* he was told the Navy Combat Action Ribbon would cross over to the Army Combat Infantryman Badge
* he held military occupational specialty (MOS) 91B (currently known as 68W) (Medical Noncommissioned Officer) and he treated the wounded in Iraq under enemy fire
* he is 90-percent disabled due to post-traumatic stress disorder
* he was awarded the Legion of Merit upon his retirement in March 2008
* he never received the award or his DD Form 214 from 5th U.S. Army

3.  The applicant provides his Legion of Merit Certificate.


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 completed prior honorable enlisted service in the U.S. Marine Corps and U.S. Marine Corps Reserve.  His DD Form 214 for the period 19 September 1967 to 17 September 1971 shows award of the Combat Action Ribbon.

3.  On September 1975, the applicant enlisted in the Army National Guard.

4.  On 21 November 1990, he was ordered to active duty in support of Operations Desert Shield/Desert Storm in MOS 67Z (Aircraft Maintenance Senior Sergeant).  He was honorably released from active duty on 20 July 1991.

5.  On 25 August 2004, he was ordered to active duty in support of Operation Iraqi Freedom in MOS 67Z.  He was honorably released from active duty on 8 November 2005.

6.  On 1 November 2007, he was honorably discharged from the Army National Guard and transferred to the Retired Reserve effective 2 November 2007.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) does not show award of the Legion of Merit or Purple Heart.

7.  The applicant provided a copy of his Legion of Merit Certificate that shows Headquarters, 1st U.S. Army, Permanent Order Number 225-1 awarded him the Legion of Merit for exceptionally meritorious service during his 38-year career.

8.  His records are void of and he failed to provide any evidence he was wounded in Iraq as a result of enemy action.

9.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H during the Vietnam era.

10.  Department of Defense Instruction (DODI) 1348.33 (Military Awards Program) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It was awarded to members of the U.S. Navy, U.S. Marine Corps, and U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who actively participated in ground or surface combat.  An individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, U.S. Marine Corps, or U.S. Coast Guard.

DISCUSSION AND CONCLUSIONS:

1.  The Purple Heart requires evidence to verify:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

2.  Although the applicant states he was wounded twice in Vietnam, he was a member of the U.S. Marine Corps at the time.  Therefore, he is advised to contact the U.S. Marine Corps for award of the Purple Heart for injuries incurred during his service in Vietnam.

3.  There is no evidence in the available records showing he was wounded as a result of hostile action while serving in Iraq.  Therefore, there is an insufficient evidentiary basis for granting the requested relief regarding award of the Purple Heart for injuries incurred in Iraq.

4.  There are no provisions in Army Regulation 600-8-22 or DODI 1348.33 to automatically convert the Navy Combat Action Ribbon to the Army Combat Infantryman Badge.  Further, his records are void of any evidence he held an infantry MOS at any time during his Army service.

5.  Permanent orders awarded him the Legion of Merit upon his retirement.  Therefore, he is entitled to correction of his NGB Form 22 to show this award, but not his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by adding award of the Legion of Merit to his NGB Form 22.

2.  The Board further determined 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 award of the Purple Heart, Combat Infantryman Badge, and Legion of Merit 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)                                         AR20140010869



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ABCMR Record of Proceedings (cont)                                         AR20140010869



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