IN THE CASE OF:	  

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140017842 


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 previous request for:

* award of the Purple Heart for an injury he received in Vietnam in April 1967
* award of the 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, in effect:

	a.  The previous Record of Proceedings (ROP) states he was assigned to an artillery unit and not infantry.  However, he is providing orders that show he was assigned to the 5th Infantry Division (Mechanized), meaning that wherever the infantry went he went.

	b.  He served in Vietnam with the 9th Infantry Division (Mechanized) and everything he said happened.

	c.  There are other orders out there and he feels the Army Board for Correction of Military Records (ABCMR) does not look in every place where hard copies could be located.

	d.  He served with the Special Forces, with the "Rock of Korea," and on a gunboat, but that information cannot be found.  

	e.  He was credited with participation in the Vietnam Counteroffensive phases II and III campaigns and in the Tet Counteroffensive campaign.

	f.  Just because it is not written in the record does not mean it is not true.

3.  The applicant provides:

* Headquarters (HQ), 5th Infantry Division (Mechanized), Fort Carson, CO, Special Orders Number 106, dated 15 April 1968
* HQ, 5th Infantry Division (Mechanized), Fort Carson, CO, Special Orders Number 165, dated 13 June 1968
* HQ, 9th Infantry Division, APO San Francisco 96370, Special Orders Number 13, dated 13 January 1968
* HQ, 9th Infantry Division, APO San Francisco 96370, Special Orders Number 59, dated 28 February 1968
* a portion of his DA Form 2-1 (Personnel Qualification Record-Part II)

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 AR20130019066, on 17 June 2014.

2.  The applicant provides four sets of orders which were not discussed in the previous ROP.  Therefore, these documents are considered new evidence that warrant consideration by the Board.

3.  In the previous ROP it was noted that:

	a.  The applicant was inducted into the Army of the United States on 20 June 1966 and held military occupational specialty (MOS) 13A (Field Artillery Crewman).  

	b.  He served in Vietnam for 1 year.

	c.  He was honorably released from active duty on 19 June 1968.  His 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service does not show the Purple Heart or the Air Medal as authorized awards.

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

	e.  He was discharged due to physical disability on 23 November 1984.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service does not show the Purple Heart, Air Medal, or the Combat Infantryman Badge as authorized awards.

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

	g.  The applicant's name does not appear on The Adjutant General's Office Casualty Division's Vietnam casualty roster.

	h.  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.

	i.  He provided in support of his previous request:

* a 19 January 1977 letter of appreciation for his outstanding performance during the Thanksgiving and Christmas Holiday periods
* a 5 March 1980 letter of commendation from the battery commander for his outstanding performance of duty while in that unit
* his DA Form 2-1

4.  The Board concluded that the evidence available in the applicant's records and the evidence he provided did not support his contention that he was wounded as a result of hostile action, or that he was awarded or authorized the Air Medal or the Combat Infantryman Badge.  Therefore, the Board voted unanimously to deny his request.

5.  In support of his request for reconsideration the applicant provides:

	a.  HQ, 5th Infantry Division (Mechanized), Fort Carson, CO, Special Orders Number 106, dated 15 April 1968, that show his MOS as 13A and that he was reassigned from HQ and HQ Company, 4th Battalion, 80th Artillery to Battery A, 4th Battalion, 80th Artillery;

	b.  HQ, 5th Infantry Division (Mechanized), Fort Carson, CO, Special Orders Number 165, dated 13 June 1968, which directed his release from active duty and transferred to the U.S. Army Reserve effective 19 June 1968;
	c.  HQ, 9th Infantry Division, APO San Francisco 96370, Special Orders Number 13, dated 13 January 1968, which directed his reassignment from Battery D, 1st Battalion, 84th Artillery to the U.S. Army Vietnam Returnee Detachment; and

	d.  HQ, 9th Infantry Division, APO San Francisco 96370, Special Orders Number 59, dated 28 February 1968, which directed his reassignment from the U.S. Army Vietnam Returnee Detachment to the U.S. Army Transfer Station, Oakland, CA.

6.  The applicant's DA Form 2-1 shows he was assigned to the 9th Infantry Regiment while serving in Korea performing duties in MOS 94B.

7.  A thorough review of the applicant's available records failed to reveal evidence indicating he was treated for a combat-related wound or awarded the Purple Heart for wounds received in Vietnam.  His record is also void of orders or any other evidence indicating he was awarded the Combat Infantryman Badge and/or the Air Medal.  Further, there is no evidence in his military records, such as flight records, indicating he was ever on flying status or that his combat duties required him to fly.

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

	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.  
9.  Army Regulation 15-185 (ABCMR), paragraph 2-2c states the ABCMR will decide cases on the evidence of record.  It is not an investigative body.  Paragraph 2-9, provides that the Board begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart, Air Medal, and the Combat Infantryman Badge has been carefully considered.  

2.  There is no evidence in his available military records showing he was wounded as a result of hostile actions, his name is not listed on the Vietnam casualty listing, and no orders that awarded him the Purple Heart were located in the ADCARS database.  The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action and that the injury required treatment by medical personnel.  In the absence of such evidence, there is no basis on which to base awarding him the Purple Heart.  

3.  He contends he is eligible for the Combat Infantryman Badge based on his service with the 9th Infantry Regiment while in Korea; however, the evidence shows he held MOS 94B at the time in question and there is no evidence in his military records, and he provided none, showing he ever held an infantry MOS.  Therefore, there is no basis for award of the Combat Infantryman Badge in this case.

4.  There is no evidence indicating he was awarded the Air Medal and his record is void of evidence indicating he was ever on flying status or that his combat duties required him to fly.  Therefore, there is no basis for awarding him the Air Medal or adding it to his DD Form 214.

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 to amend the decision of the ABCMR set forth in Docket Number AR20130019066, dated 17 June 2014.




      _______ _   _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)                                         AR20140017842



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ABCMR Record of Proceedings (cont)                                         AR20140017842



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