ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 April 2019

	DOCKET NUMBER:  AR20170009629


APPLICANT REQUESTS:  

* Award of the Purple Heart, Bronze Star Medal, and Combat Infantryman Badge
* A personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Two Self -Authored Statements

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states:

	a.  He is happy to have the Board review his request for the Purple Heart, but it is such an important issue that if the Board could not approve one Purple Heart then he would want to immediately be scheduled to appear in D.C.at his cost.   He states that being hit by the rocket to this day he sometimes feels like the walls are going to implode.  He went on to say, because it was so severe he knows that he will never survive a second event of that magnitude.  His condition is ongoing and he has nightmares every 20 to 30 minutes all night long.  If awarded, a simple note in his mail box to pick it up is fine.

	b.  He states that seeking resolution for at least one Purple Heart keeps him on the offensive, and having any combat veteran on the offensive is not good.  When he tried to proof read the letter half the time he had endless tears streaming down his face, thinking about the events and the dead.  

	c.  He mentioned on the last records correction, he was told to reply to U.S. Army Review Boards Agency Support Division, St. Louis, Attn:  SFMR-RBR-SL, 9700 Page Ave., St Louis, MO  63132-5200.  He did this and it was sent back to him, so he mailed it to our address.

3.  A review of the applicant’s service record shows the following:  

	a.  He enlisted in the Regular Army on 26 March 1968.  He was trained in and held military occupational specialty (MOS) 91B (Medical Corpsman). 

	b.  He served in Vietnam from 24 March 1969 to 7 November 1970.  He was assigned to Company D, 4th Medical Battalion, 4th Infantry Division.  

	c.  His record contains a recommendation for award of the Bronze Star Medal for exceptionally meritorious service during the period from 1 June 1970 to 6 November 1970.

	d.  He was honorably released from active duty on 26 March 1968, a period of 
2 years, 7 months, and 13 days.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as amended by DD Form 215 (Correction to DD Form 214).  It also shows that he was awarded or authorized: 

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars
* Combat Medical Badge
* Parachutist Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge
* Meritorious Unit Commendation Medal

4.  His records are void of orders awarding him the Combat Infantryman Badge, the Purple Heart, or the Bronze Star Medal.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or the date of such wound.  Furthermore, item 41 (Awards and Decorations) of this form does not list the Purple Heart, Bronze Star Medal, and Combat Infantryman Badge as authorized awards. 

5.  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 United States Army Human Resources Command failed to reveal an awards pertaining to the Purple Heart, Combat Infantryman Badge, and Bronze Star Medal.
6.  His name is not shown on the Vietnam casualty listing.  His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.

7.  By regulation:

	a.  To be awarded the Purple Heart, the regulatory guidance requires all elements of the award criteria to be met; there must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record.

	b.  To be awarded the Combat Infantryman Badge, a Soldier must meet the following three requirements:
 
* Be an infantryman satisfactorily performing infantry duties
* Assigned to an infantry unit during such time as the unit is engaged in active ground combat
* Actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge 

	c.  Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. 

BOARD DISCUSSION:

Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying that portion of the request.
As to the portion of the request relating to the Combat Infantryman Badge (CIB), the Board found that this portion was not warranted based upon the applicant being a medic.  To be eligible for a CIB, you must be an 11B, Infantryman.
As to the portion of the request relating to the Bronze Star Medal, the Board found insufficient evidence either presented by the applicant or found within the service record to show he was ever awarded a Bronze Star Medal.
BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  U.S. Army Vietnam (USARV) 672-1 (Decoration and Awards) states the Purple Heart may be awarded only to US personnel, military or civilian, who are wounded or killed in action or a direct result of the enemy action.  For US Army personnel who are killed, the award will automatically be prepared by the Adjutant General, Department of the Army, and presented to the next of kin.

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

4.  Army Regulation 600-8-22 also states:

	a.  The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, or a friendly foreign nation, after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  Title 10, U.S. Code 1133 (10 USC, 1133) limits award of the Bronze Star Medal to Service members receiving imminent danger pay and members of a friendly military force who are serving in a geographic area in which special pay is authorized under 37 U.S. Code 310 or 37 U. S. Code 351(a) (1) and (3) or special pay under any of the following circumstances:

		(1) While engaged in an action against an enemy of the United States.

		(2) While engaged in military operations involving conflict with an opposing foreign force.

		(3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.
	b.  The Combat Infantryman Badge, A Soldier must be an Army infantry or Special Forces (SF) officer (Specialty Skill Identifier 11 or 18) in the grade Colonel /O–6 or below, or an Army enlisted Soldier or warrant officer with an infantry or SF MOS who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or SF unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for SF personnel in Military Occupation Specialties 18B, 18C, 18E, 18F, and 18Z (less 18D–SF medical sergeant) accrues from 20 December 1989. Retroactive awards of the Combat Infantryman Badge to SF personnel are not authorized prior to 20 December 1989.


ABCMR Record of Proceedings (cont)	 AR20170009629


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