IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150000952 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states, in effect:

   a.  He was on the road 7 days a week and routinely ambushed in the central highlands of South Vietnam.  In 1968, he wrecked a two and a half ton truck running from sniper fire.  He was pulled to a bridge guarded by South Vietnamese soldiers and while there, a medic stopped by and treated him for cuts and provided him a pill for his headaches, as well as his neck and back pain. 

   b.  Various convoys stopped by daily to check on him and he was also visited by a medic a couple of times.  After a few weeks a wrecker came out and retrieved him and his truck.  When he returned to the company he went to an aid station and was seen by the medic; however, he has been unable to retrieve any of his medical records from the period.  He was told by a noncommissioned officer he was recommended for award of the Purple Heart but at the time he didn't care about the award.  

   c.  He was in combat and served as an escort gunner for 2 months, but he wasn't assigned to an infantry unit.  The applicant provides a screenshot of a fellow Soldier from "The Virtual Wall" who was in the "kill zone" with the applicant.  The Soldier was in front of the applicant and he had to push the Soldier's truck out of the way to get himself and the other trucks out of the "kill zone."  He was subsequently informed he did not qualify for award of the Combat Infantryman Badge; however, he believes he does qualify and he would like the badge awarded to him.

3.  The applicant provides:

* DD Form 214
* a letter
* a screenshot from the Virtual Wall, Vietnam Veterans Memorial
* page 4 of his DA Form 20 (Enlisted Qualification Record)
* 2 self-authored statements
* 3 photographs
* DA Form 2627-1 (Record of Proceedings Under Article 15, 
    Uniform Code of Military Justice)

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 was inducted into the Army of the United States on 15 August 1967.  He completed training and he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).

3.  His DA Form 20 shows he served in the Republic of Vietnam from 21 January 1968 through 13 January 1969, with the 666th Transportation Company.  Item 40 (Wounds) is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or the Combat Infantryman Badge.

4.  On 14 August 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 does not show award of the Purple Heart or the Combat Infantryman Badge.

5.  The applicant's name is not included on the Vietnam casualty roster.

6.  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 awarding him the Purple Heart.
  
7.  The applicant provides a photograph of a Soldier (presumably the applicant), a mangled two and a half ton truck, and what appears to be a dead body.  He also provides a DA Form 2627, dated 9 June 1968, that shows he received punishment under the Uniform Code of Military Justice for operating his truck in a reckless manner and, consequently, having an accident.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8, contains guidance for award of the Purple Heart.  It states the Purple Heart is awarded to members wounded in action.  In order to award the Purple Heart, there must be evidence that the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

9.  Army Regulation 600-8-22 states 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 (Awards and Decorations) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  U.S. Army Vietnam Regulation 672-1 also stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that 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's request for award of the Purple Heart and Combat Infantryman Badge were carefully considered.  It was determined that there is insufficient evidence to support this request.

2.  In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action.  The wound must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  With regard to the applicant's claim that a noncommissioned officer told him he would receive the award, the applicant's records do not contain nor did he provide evidence which shows he was ever recommended for or awarded the Purple Heart.  

4.  The applicant's service in the Republic of Vietnam and his sincerity are not in question.  However, his record contains no medical treatment records or other documents which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart.

5.  With respect to award of the Combat Infantryman Badge, by regulation, in order to qualify for award of the Combat Infantryman Badge there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  In this case, there is insufficient evidence which shows he met any of the three qualifying factors for award of the Combat Infantryman Badge.

6.  In view of the foregoing, there appears to be no regulatory basis for granting the applicant's request.








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)                                         AR20150000952





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ABCMR Record of Proceedings (cont)                                         AR20150000952



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