ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 January 2019 DOCKET NUMBER: AR20170008013 APPLICANT REQUESTS: Reconsideration of his earlier request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of: * Two Purple Hearts * Combat Infantryman Badge (CIB) APPLICANT’S SUPPORTING DOCUMENTS: * DD Form 149 (Application for Correction of Military Record) * Two DD Forms 1380 (U.S. Field Medical Card) * DD Form 214 FACTS: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) promulgated in Docket Number AR20070010760 on 15 January 2008. 2. The applicant provides a new argument and new evidence with his application to the Board, in the form of two DD Forms 1380. This evidence was not initially considered and now warrants consideration by this Board. 3. The applicant states he was wounded twice in Vietnam. He was a radio/telephone operator and his primary job was to accompany infantrymen, which entitles him to the CIB as per U.S. Army Vietnam Regulation 672-1. 4. The applicant provides two U.S. Field Medical Cards: a. The 29 August 1969 U.S. Field Medical Card indicates in item 14 (Diagnosis) the applicant received [illegible] wound to his right arm. Item 16 under Enemy Action "yes" is checked. Item 19 (What Was He Doing When Injured) indicates he was on mission.5. b. The 5 September 1969 U.S. Field Medical Card indicates in item 14 (Diagnosis) the applicant received glass in his arm and chest. Item 16 under Enemy Action "yes" is checked. Item 19 (What Was He Doing When Injured) indicates he was on a flight. 5. The applicant’s service records shows he: * was inducted in the Army and entered active duty on 3 April 1968 * served as a 31B20 Field Radio Mechanic with B Troup, 1st Squadron, 11th Armored Cavalry Regiment * served in the Republic of Vietnam from 17 July 1969 through 20 March 1970. * was released from active duty on 20 March 1970 6. A review of the applicant's service record is void of orders, a certificate, or a citation showing that he was awarded the Purple Heart or CIB. 7. The applicant's DA Form 20 (Enlisted Qualification Record) indicates he was a patient from 15 September 1969 through 26 September 1969 at 24th Evacuation Hospital in the Republic of Vietnam. His service record is void of any documentation regarding this hospitalization. 8. A review of the Vietnam casualty roster, compiled by the Adjutant General's Office Casualty Division, does not list the applicant's name as a casualty. 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, failed to reveal any orders that show the applicant was awarded the Purple Heart or CIB. 10. The applicant’s record contains a previous ABCMR case on 15 January 2008 in which the Board denied his Purple Heart request due to the absence of his military record showing he was wounded or treated for wounds resulting from hostile action resulting in insufficient evidence upon which to base award of the Purple Heart. The Board denied his CIB request due to the applicant's MOS being 31B and his principal duty was senior radio mechanic; therefore, he did not meet the regulatory requirements for award of the Combat Infantryman Badge. 11. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action 12. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governs the award of the Combat Infantryman Badge for infantrymen operating in South Vietnam who served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size and possessed an infantry military occupational specialty. Award of the Combat Infantryman Badge was also provided to Soldiers with the MOS 058 and whose primary duty was to accompany infantry or infantry-type units on tactical operations. BOARD DISCUSSION: 1. The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. The applicant provided new evidence of two U.S. Field Medical Cards. Coupled with his DA Form 20 showing he was in patient status and treated for wounds resulting from hostile action on two separate occasions, the preponderance of evidence shows the applicant is eligible for award of two Purple Hearts in accordance with Army Regulation 600-8-22 (Military Awards). 2. The applicant served with the MOS of 31B. The Board finds the MOS does not meet the regulatory requirements for award of the Combat Infantryman Badge according to U.S. Army Vietnam Regulation 672-1 (Awards and Decorations); therefore, denies request BOARD VOTE: Member 1 Member 2 Member 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/ RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20070010760 on 15 January 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by: * awarding Purple Heart (1st award) * awarding Purple Heart (2nd award) * adding Purple Heart (2nd award) 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to Combat Infantryman Badge. 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. ADMINISTRATIVE NOTES: Not applicable. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the PH 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 that 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. 2. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the Combat Infantryman Badge for Army forces operating in South Vietnam. The criteria for award of the Combat Infantryman Badge, identified the men who trained, lived, and fought as infantrymen, and identified the Combat Infantryman Badge as a unique award established to recognize the infantryman for his service. It further stipulated the Combat Infantryman Badge was not awarded for being shot at or for undergoing the hazards of day-to-day combat. It further provided that the badge was authorized for award to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS, provided they served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Award of the Combat Infantryman Badge was also provided to Soldiers with the MOS 058 and whose primary duty was to accompany infantry or infantry-type units on tactical operations.