ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 October 2019 DOCKET NUMBER: AR20170016153 APPLICANT REQUESTS: these two awards added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). * Combat Infantry badge (CIB) * Purple Heart (PH) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 (ABCMR) 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, his DD Form 214 is missing the CIB and PH he earned while assigned to the 101st Airborne Division, in the Ashua Valley, Republic of Vietnam, during the Summer of 1969. He received shrapnel wounds to the face during combat. He was evacuated and treated at Camp Eagle. 3. The applicant Service Records shows: a. He enlisted in the Regular Army on 13 March 1967. He was trained in and held military occupational specialty 11B (Light Weapons Infantryman). b. His DA Form 20 (Enlisted Qualification Record), item 35 (Record of Assignments) shows on 4 April 1969 the applicant was admitted into Tripler Army Hospital. Item 40 (Wounds) shows he had a fractured middle finger on his right hand on 28 March 1969. No other information is available in his record. c. Special Orders Number 73 dated 14 March 1969 awards the applicant the CIB but the name on the order is Xxxxx Xxxxxx Xxxx not Xxxxx Xxxxxx Xxxx. However, his Service Number and Social Security Number on the order match those on his DD Form 214. d. DA Form 20B (Insert Sheet to DA Form 20 Record of Court-Martial Conviction) shows he was convicted by a Special Court-Martial on 16 October 1969. e. He was honorably released from active duty on 15 January 1970 and transferred to the U.S. Army Reserves on 16 January 1970 He completed 2 years, 10 months, and 2 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Air Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Overseas Service Medal (2) 4. There is no evidence found in the applicant's military records indicating he was injured or wounded as a result of hostile action, nor showing he received shrapnel wounds to his face. a. His medical records, which would have listed any injuries and treatment, are not available for review with this case. b. His personnel 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. This was the proper notification procedure for injuries at the time. c. His name is not shown on The Adjutant General's Office Casualty Division Casualty Reference Name Listing, a list of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. d. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the AHRC, 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. e. Discharge Orders number 02-1031490 dated 21 February 1973 reflects that effective 1 March 1973, the applicant was discharged from the United States Army Reserve (USAR). 5. By regulation, the CIB is authorized for award during the Republic of Vietnam Conflict (2 March 1961 to 28 March 1973). To be awarded the CIB, a Soldier must meet the following requirements: * be an infantryman in the grade of colonel or below satisfactorily performing duties * assigned to a brigade size infantry unit or smaller during such time as the unit is engaged in active ground combat * the unit must have been in active ground combat with the enemy during the period 6. 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. a. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for award. b. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI 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. 7. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found partial relief was warranted. The applicant’s contentions were carefully considered. Special orders show he was awarded the CIB; however, his DD Form 214 does not reflect the badge. The Board agreed there is insufficient evidence showing he was wounded by hostile forces while in Vietnam. No medical records or other substantiating evidence was provided to show he was wounded by hostile forces on a specific date. As a result, the Board recommended denying the portion of the application related to the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 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 a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Infantryman Badge to his DD Form 214 for the period ending 15 January 1970. 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 awarding the Purple Heart. 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 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 (AR) 672-5-1 (Awards) and AR 600-8-22 (Military Awards) both states 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. Additionally, Appendix V of U.S. Army Vietnam (U.S. Army Vietnam 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. 3. 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 that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.” This regulation also 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. 4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. 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. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for award. d. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI 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. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170016153 6 1