BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140015458 


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 reconsideration of his earlier request for award of the Purple Heart (PH).  As a new issue, he requests award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect:

* he was relieved from duty, on 16 February 1968, while at Firebase Bravo, Camp Enari, Pleiku, Vietnam
* he was flown to Cam Rahn Bay Air Base for his flight back to the United States, on 17 February 1968
* he was flown to Fort Lewis, WA, to begin his out-processing
* he was issued a new dress uniform, complete with ribbons, patches, and Blackhawk insignias already on his uniform
* his original DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was hastily prepared, as were many of his out-processing documents
* he was given the opportunity to stay on Fort Lewis, WA, throughout his additional medical evaluations; however, he was glad to be in the United States and he could not wait to get home to see his wife and parents
* he did not notice the mistakes on his DD Form 214 until he provided a copy to his employer and realized he had no recognition for his combat service in Vietnam
* he was extremely upset about the manner of his out-processing, but he realized the out-processing crew wanted them out of there just as much as they wanted to get out of there and go home
* he is 71 years old and has no idea if he will receive the requested awards in his remaining lifetime
* he was assigned to the 2nd Squadron, 1st Cavalry Regiment (Blackhawks), 4th Infantry Division (also known as the "Ivy Division" or "Famous Fourth") at Camp Enari
* he incurred multiple shrapnel fragment and penetrating wounds in his arms and hands from exploding mortar rounds after an ambush by the enemy
* penetrations of hard rock particles were also found impacted in him and several Soldiers from exploding B-50 rockets and exploding mortar rounds going off in close proximity
* the Army Board for Correction of Military Records (ABCMR) somehow misplaced important evidence that was initially submitted for the PH along with his request, to include his combat duty in Vietnam
* he was only granted a portion of his original request and he now has significant validation of his original request for award of the PH and CIB

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* notarized statement
* PH endorsement from L____ C. Y____
* DD Form 214 for L____ C. Y____
* Certificate of Appreciation
* three self-authored letters with Air Mail envelopes
* nine photographs
* greeting card from the 2nd Squadron, 1st Cavalry Regiment
* Headquarters Troop duty roster
* Ivy Leaf, Famous Fourth, Volume 2, Number 5, dated 10 December 1967

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AC98-06842 on 23 September 1998.

2.  The applicant provided new arguments not previously considered by the Board that warrant consideration at this time.  He also provided a statement from L____ C. Y____, a former combat medic who served with him in Vietnam; self-authored letters and envelopes from Vietnam; photographs; and a newspaper as evidence not previously considered by the Board that warrant consideration at this time.

3.  The applicant was inducted into the Army of the United States on 28 February 1966.

4.  He served in Vietnam from 10 August 1967 to 20 February 1968 while assigned to Headquarters and Headquarters Troop, 2nd Squadron, 1st Cavalry Regiment, 2nd Armored Division, in military occupational specialty (MOS) 63C (Track Vehicle Mechanic).

5.  On 18 February 1968, he was honorably released from active duty.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bars (M-16 and 
M-14) and Pistol Bar (.45 caliber)

6.  On 23 September 1998, the ABCMR partially granted his request for awards; however, the PH was not among those granted.

7.  On 8 December 1998, a DD Form 215 was issued for the following:

* awarding him the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

* adding "Service in Vietnam from 10 August 1967 to 20 February 1968" to his DD Form 214

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

9.  His medical records are not available for review and there is no evidence in his available records that shows he was wounded as a result of hostile action while serving on active duty.

10.  His name is not shown on the Vietnam casualty listing.  This is a microfiche listing of Vietnam Era casualties used to verify eligibility for award of the Purple Heart.

11.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for award of the PH pertaining to the applicant.

12.  The applicant provided:

	a.  a statement from L____ C. Y____, a former combat medic who served with the applicant in Vietnam.  He states he first met the applicant at Fort Hood, TX, and later when they both arrived in Vietnam.  He recognized the applicant when he had to treat him after an ambush in December 1967.  He vividly recalls cleaning the applicant's wounds, consisting of metal shrapnel fragment wounds to both hands and forearms and slivers of rock that penetrated both forearms after an exploding B-50 rocket landed in close proximity to where the applicant was positioned.  He states he picked out the metal fragments and rock, then bandaged up the applicant's wounded areas and told him to report to his troop medic once he got back to his base camp.  The former medic also states it should be noted from his personal experience that all personnel in a career field "other than combat infantryman" were assigned to Headquarters and Headquarters Troop, then reassigned to the line troops, and the line troops were seldom, if ever, assigned by special order.  New arrivals in Vietnam were assigned on an "as needed basis" to fill specific vacancies and in some situations the duty assignment did not always match the original MOS.  A common statement in Vietnam was "if it isn't written down then it didn't happen" and this is incredibly inaccurate.  The applicant held MOS 63C and he was assigned to Troop C on bridge protection and pulling ambush patrols and listening post patrols;

	b.  three self-authored letters with envelopes written to his family while he was assigned in Vietnam describing events and injuries of shrapnel and cuts;

	c.  photographs he identified as being from Vietnam and of his uniform;

	d.  a duty roster for Headquarters Troop that shows he had patrol duty on 1 January 1968;

	e.  a holiday greeting from the 2nd Squadron, 1st Cavalry Regiment, and a Certificate of Appreciation for his service in Vietnam;

	f.  Ivy Leaf, Famous Fourth, Volume 2, Number 5, dated 10 December 1967, which shows the 2nd Squadron, 1st Cavalry Regiment, was involved with other units in an ambush; and

	g.  ABCMR Record of Proceedings AC98-06842, dated 23 September 1998, showing the Board granted him partial relief and a sworn affidavit from a medic claimed to have been attached to his application was not with the application.

13.  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 for a wound sustained 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 military medical personnel at the time of the wounding, 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the PH requires the submission of substantiating evidence to verify the Soldier received a wound/injury as the result of hostile action, the wound/injury required medical treatment by medical personnel, and the medical treatment was made a matter of official record.

2.  Although the applicant provided a statement by a former combat medic, the presence of a treatment record is an essential component for award of the PH.

3.  Award of the CIB required an individual to hold an infantry MOS.  Although the applicant served in active ground combat, he was not assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Further, his records are void of and he failed to provide evidence of orders awarding him the CIB.

4.  In view of the evidence of record, there is an insufficient basis for granting the 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AC98-06842, dated 23 September 1998.



      __________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)                                         AR20140015458



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ABCMR Record of Proceedings (cont)                                         AR20140015458



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