RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 September 2005
	DOCKET NUMBER:  AR20050000828 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Mr. Luis Almodova

Analyst

The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Mr. Eric N. Andersen

Member

Ms. Carol A. Kornhoff

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Purple Heart.  The applicant also requests that the Combat Infantryman Badge that he was awarded be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was sent to Camp Evans in August 1968.  He was shot and has shrapnel in his back.  He also states, in effect, that he was awarded the Combat Infantryman Badge but that it does not appear on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, copies of orders awarding him the Bronze Star Medal and the Air Medal, and a copy of a rating decision made by the Department of Veterans Affairs (VA) on 4 February 1999, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 June 1969.  The application submitted in this case is dated 6 December 2004 but was received for processing on 14 January 2005.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he was inducted into the Army of the United States on 18 September 1967.  He completed his basic combat training at Fort Lewis, Washington, and his advanced individual training at Fort Polk, Louisiana.  After completing all required training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant was assigned to Vietnam and he arrived there on 1 March 1968.  He was assigned to Company C, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division.  The applicant served in Vietnam until 25 February 1969 

when he was returned to Fort Carson, Colorado, to complete his military service obligation.

5.  The applicant was released from active duty on 18 June 1969, under the provisions of Army Regulation (AR) 635-200, Early Release for Seasonal Employment, in the rank and pay grade of Sergeant, E-5, with 1 year, 9 months, and 1 day active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was awarded;  the Bronze Star Medal; the Air Medal; the National Defense Service Medal; the Vietnam Service Medal, with one bronze service star; and the Republic of Vietnam Campaign Medal.  The Purple Heart and the Combat Infantryman Badge are not shown among these awards.

7.  The applicant provided a copy of awards certificates awarding him the Bronze Star Medal and the Air Medal.  These awards are already shown on his DD Form 214.

8.  There are no orders in the applicant's service personnel records to show that he was awarded the Combat Infantryman Badge.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, Enlisted Qualification Record, showing that he was awarded the Combat Infantryman Badge.

9.  There are no orders in the applicant's service personnel records to show that he was awarded the Purple Heart.  There is no entry in Item 40 (Wounds – Brief Description and Date), of the applicant's DA Form 20, to show that he was wounded in action against a hostile enemy.  There is no entry in Item 41, of the applicants DA Form 20, showing that he was awarded the Purple Heart.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the correct number of service stars (bronze or silver) to which the applicant is entitled for his campaign participation.

11.  While in Vietnam, the applicant participated in the following five campaigns:  the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; and the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969.

12.  AR 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

13.  On 4 February 1999, the applicant was awarded service connection for "shrapnel wound, low back at L4 level with an evaluation of 0 percent."  The VA rating decision states that the serviced connection was awarded but that, "the service medical records do not show any treatment associated with a shrapnel wound while he was in service."  This same rating decision states that "the law provides that a person who submits a claim for VA benefits must submit evidence sufficient to justify a belief that the claim is well grounded.  A well-grounded claim is a plausible claim, but it must be accompanied by evidence which shows that the claimed condition exists and is possibly related to service."

14.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  A clarifying paragraph concerning infantry Soldiers assigned to cavalry units is given in AR 600-8-22, in paragraph 8-6.c.(2).  The paragraph is quoted, in part, as follows:  ". . . . . . For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the Combat Infantryman Badge.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period."

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  The regulation further provides that one silver service star will be worn in lieu of five bronze service stars.

16.  The applicant had "excellent" conduct and efficiency ratings throughout his service in the Army.  There is no evidence of indiscipline or a breach of good order while he served on active duty.  There is no record that he was subjected to either non-judicial punishment or to court-martial.  There is no entry in Item 42 (Remarks), of the applicant's DA Form 20 to indicate that he was disqualified from award of the Good Conduct Medal.

17.  Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 17 November 1965 through 19 May 1969, by Department of the Army General Order (DAGO) Number 70, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 1 January 1969 through 1 February 1970, by DAGO 42, dated 1972.  These unit awards are not shown on his DD Form 214. 

18.  AR 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.  

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence does not show conclusively that the applicant served in active ground combat while he served in Vietnam, the evidence shows that he was an infantry Soldier, performing the duties consecutively of rifleman, then as Team Leader, in the MOS 11B, although service was performed in a cavalry troop, in a cavalry division.  He was promoted rapidly through the enlisted grades of rank to Sergeant and he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force (emphasis added).  He is therefore entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

2.  There is insufficient evidence that the applicant was wounded in action in Vietnam.  The VA awarded service-connection to the applicant in accordance with its policies and procedures.  The VA decision, it appears, was made on the basis of a certified statement made by the applicant and the fact that he served in Vietnam.  In the "Reasons and Bases" section of the rating decision, it states that the applicant's service medical records did not show any treatment associated with shrapnel wound.  The applicant is therefore not eligible for award of the Purple Heart and its addition to his DD Form 214.

3.  The applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service.  He attained the rank and pay grade of Sergeant, E-5, and there is no record of lost time in his service personnel records.  The applicant earned the Bronze Star Medal for meritorious service. Based on this excellent record of service, he is eligible for award of the Good Conduct Medal for the period 18 September 1967 through 18 June 1969 and to have it added to his DD Form 214.

4.  The applicant participated in five campaigns during his tour of duty in Vietnam.  He is therefore entitled to award of one silver service star, in lieu of the one bronze service star that is currently shown in connection with his Vietnam Service Medal on his DD Form 214.

5.  The applicant served in a unit that was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  He is entitled to these unit awards and to have them added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___cak__  ____jns__  ___ena__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Combat Infantryman Badge and adding this award to his DD Form 214;

	b.  awarding the applicant the Good Conduct Medal for the period 18 September 1967 through 18 June 1969 and adding this award to his DD Form 214; 

	c.  deleting the Vietnam Service Medal, with bronze service star, from the applicant's DD Form 214;

d.  awarding the applicant the Vietnam Service Medal, with one silver service star, to denote his participation in five campaigns while he served in Vietnam, and adding this award to his DD Form 214 ; and

e.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these unit awards to his DD Form 214.

2.  The Board further determined that 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 to the applicant and its addition to his DD Form 214. 




__________John N. Slone__________
          CHAIRPERSON




INDEX

CASE ID
AR20050000828
SUFFIX

RECON

DATE BOARDED
20050915
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.46
107.0000
2.61
107.0015
3.

4.

5.

6.