ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  31 January 2019  

	DOCKET NUMBER:  AR20170015149


APPLICANT REQUESTS:  award of the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Picture taken on the day of his Purple Heart presentation 
* DA Form 199 (Physical Evaluation Board Proceedings)
* DA form 1361 (Recommended Findings of Physical Evaluation Board)
* VA Form 21-6782 (Original Disability Compensation), dated 24 January 1970
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 in effect, his DD Form 214 does not reflect his Purple Heart.  He was wounded in combat and lost his right kidney, sustained a right eye injury, small bowel repair and an injury to his right foot.  He was awarded compensation for his injuries upon discharge from the Army.
  
3.  The applicant:
 
* was inducted 24 April 1968
* was assigned to Company A, 1st Battalion,11th Infantry,1st Brigade, 5th Division, United States Army Pacific in the Military Occupational Specialty (MOS) 11B ((Light Weapons Infantryman) per his DA Form 20 (Enlisted Qualification Record)
* was honorably discharged from active duty on 23 January 1970 per his                     DD Form 214  

4.  The applicant’s record does not contain orders showing he was awarded the Purple Heart.  However, his record does contain:

* DA Form 20, item 40 showing he was wounded on 28 April 1969
* a copy of the casualty report , dated 29 April 1969
* a copy of the western union telegram informing his parents he was wounded in action, dated 4 May 1969

5.  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.  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.  

6.  The applicant’s record is also void of documentation awarding him the Combat Infantryman Badge.  

7.  Army Regulation 600-8-22 states, for 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.  

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance.  The applicant was an infantryman, assigned to an infantry unit, engaged in active combat, wounded, and medically treated with documented medical treatment.  The Board finds the preponderance of evidence shows the applicant met the awards criteria for the Purple Heart and the Combat Infantryman Badge.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	        X	  		   X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the                                DD Form 214 by awarding and adding the:

* Purple Heart
* The 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 NOTE(S):  Not applicable


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.  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.  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 mine or trap
* 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

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

 4.   Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 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.




ABCMR Record of Proceedings (cont)	 AR20170015149
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