BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150002658 


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 add the Purple Heart and Combat Infantryman Badge.

2.  The applicant states he believes his DD Form 214 is incorrect as it does not reflect the awards.  When the 101st Airborne Division deployed to Vietnam in 1967, it included the 1st and 2nd Battalions of the 501st Infantry.  The division participated in 12 campaigns and was decorated by the Republic of Vietnam on three occasions.  While serving in combat with the 501st Infantry, he was injured by shrapnel from an explosive device around May 1970.  He received shrapnel to his left shoulder while a second service member lost his foot and a third died from his shrapnel wounds.  Since he was the least injured, a medic took out his shrapnel at Camp Sally.  After the shrapnel was removed, he was sent to the hospital on Camp Sally and medically evacuated to Japan for treatment. 

3.  The applicant provides:

* DD Form 214
* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* Article 15
* U.S. Army Reserve (USAR) discharge order 



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 27 August 1969.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His records show he served in Vietnam from 5 October 1970 to 18 June 1970. He was assigned to Company D, 1st Battalion, 501st Infantry Regiment. 

4.  His DA Form 20 shows he was transferred in a patient status on 3 June 1970 to the U.S. Army Hospital, Japan.  He was then transferred to Valley Forge General Hospital, PA on 20 June 1970.  The nature of his illness or injury is unknown.  

5.  In connection with his separation, he underwent a separation physical at Fort Hood, TX on 17 May 1971.  He indicated he had a scar on the left shoulder and that he was in good health.  He was medically qualified for separation. 

6.  He was honorably released from active duty on 17 June 1971 and he was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  His DD Form 214 does not show award of the Purple Heart or the Combat Infantryman Badge.  

7.  There is nothing in several typical sources that shows he was wounded in action or awarded the Purple Heart:

* item 40 (Wounds) of his DA Form 20 does not reflect a combat injury
* item 41 (Awards and Decorations) of this form does not list the Purple Heart
* his available medical records do not reflect a combat injury or treatment for such injury
* his name is not shown on the Vietnam casualty listing
* there are no general orders in his record that show he was awarded the Purple Heart
* a review of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant
* his records do not contain a notification, such as a Western Union Telegram, notifying his next of kin of a combat injury

8.  There is nothing in two typical sources that show he was awarded the Combat Infantryman Badge:

* his records do not contain special orders awarding him the Combat Infantryman Badge
* there is no evidence that shows he was personally present and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	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.  

10.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation 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.  With respect to the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service records and ADCARS are void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty listing.  His available service medical records do not reflect a combat injury.

	c.  Notwithstanding the applicant's contention and sincerity, in the absence of the general orders or documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which base award of the Purple Heart or add it to his DD Form 214.

2.  With respect to the Combat Infantryman Badge:

	a.  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.  

	b.  The applicant's service in Vietnam in not in question.  However, there is no evidence he was awarded the Combat Infantryman Badge.  Additionally, there is no evidence in the available records and he did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.  Therefore, there is an insufficient evidentiary basis upon which to award him the Combat Infantryman Badge or add 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 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)                                         AR20150002658



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ABCMR Record of Proceedings (cont)                                         AR20150002658



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