BOARD DATE: 25 July 2018 DOCKET NUMBER: AR20160018369 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ _____x___ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 July 2018 DOCKET NUMBER: AR20160018369 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 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. BOARD DATE: 25 July 2018 DOCKET NUMBER: AR20160018369 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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Purple Heart * Combat Infantryman Badge 2. The applicant states: a. He has not looked at his DD Form 214 in 47 years; however, he recently noticed his award of the Purple Heart or Combat Infantryman Badge are not recorded on the form. b. The Combat Infantryman Badge was awarded by the 25th Infantry Division in the Iron Triangle during his first month in the country. c. He received 40 stitches in his right shin in Qui Nhon on 31 January 1968 during the Tet Offensive. d. He does not have copies of his medical records, but he has requested copies of them. 3. The applicant provides: * DD Form 214 * medals request form 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 5 April 1967. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He served in Vietnam during the period 14 September 1967 through 6 September 1968. While serving in Vietnam, he participated in four campaigns and he was assigned to: a. Company D, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division, during the period 19 September 1967 to 2 November 1967, b. Company D, 58th Infantry Regiment during the period 3 November 1967 to 21 February 1968, and c. Company D, 58th Infantry Regiment, 93rd Military Police Battalion, during the period 22 February 1968 to 6 September 1968. 4. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 40 (Wounds) – no entries and b. item 41 (Awards and Decorations): (1) National Defense Service Medal (2) Republic of Vietnam Campaign Medal with Device (1960) and one bronze service star (3) Vietnam Service Medal (4) two overseas service bars (5) Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 5. On 4 April 1969, he was honorably released from active duty. His DD Form 214 shows he completed 2 years of creditable active service and he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. His available records are void of and he failed to provide any evidence he was awarded the Combat Infantryman Badge. Additionally, his records are void of evidence he actively participated in ground combat. 7. His Standard Form 89 (Report of Medical History), dated 4 March 1969, does not show any injuries sustained or aggravated while he was in Vietnam. 8. His available records are void of and he failed to provide medical evidence showing he was injured as a result of hostile action and he was hospitalized for treatment of his injury. 9. 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 Awards and Decorations Branch, failed to reveal orders for award of the Purple Heart to the applicant. 10. His name is not shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that: a. The Purple Heart 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, and the medical treatment must have been made a matter of official record. b. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member’s medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member’s medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * injury caused by enemy-placed trap or mine * injury caused by enemy-released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy-generated explosions * mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident d. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951 * trench foot or immersion foot * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * post-traumatic stress disorder * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns e. 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR 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: 1. The applicant contends he was awarded the Purple Heart and Combat Infantryman Badge and they are not listed on his DD Form 214. 2. Award of 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 3. His records are void of medical evidence showing he was injured as a result of hostile action. 4. Although the evidence of record shows he held MOS 11B, there is no evidence he actively participated in ground combat. He did not meet the complete eligibility requirements for award of the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018369 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018369 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2