RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060006561 


	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.



Director


Analyst


The following members, a quorum, were present:



Chairperson



Member



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 and the Combat Infantryman Badge. 

2.  The applicant essentially states that he believes the paperwork for his Purple Heart and Combat Infantryman Badge were misplaced or lost in Vietnam.  He also stated that as a result, he failed to receive the Purple Heart for a wound received in combat on 17 September 1970, or the Combat Infantryman Badge for combat action on that same date.  He continued by essentially stating that the wound he received did not require hospitalization. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), orders and citation for his Army Commendation Medal with “V” (for Valor) Device that he received for his actions on 
17 September 1970, orders and citation for the Air Medal, and a 1st Cavalry Division (Airmobile) Vietnam Combat Certificate in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
20 December 1970, the date of his release from active duty.  The application submitted in this case is dated 1 May 2006.

2.  The applicant’s records shows that he enlisted in the Regular Army on 
13 June 1969.  He completed basic and advanced individual training and was awarded military occupational specialty 11H (Infantry Direct Fire Crewman).  He departed for the Republic of Vietnam on 30 November 1969, and was assigned to Troop D, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division.  He returned to the continental United States on 19 December 1970, and was honorably released from active duty on 20 December 1970.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

3.  The applicant stated that he was wounded in combat on 17 September 1970, and is entitled to award of the Purple Heart.  However, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show that he was awarded the Purple Heart.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) also does not have any entries which show that he sustained wounds as a result of hostile action.  Item 41 (Awards and Decorations) of this same form does not show that he was awarded the Purple Heart.  There are no general orders in the applicant’s military records which show that he was awarded the Purple Heart.  Further, there is no evidence in the applicant’s military records which shows that he was wounded in action.  Although the applicant stated in his application that the wound he received did not require hospitalization, there is no evidence in his medical records that he was ever treated by medical personnel for any wound sustained on 
17 September 1970.  Additionally, the applicant’s name is not listed on the Vietnam Casualty Roster.

4.  The applicant also claims that he is entitled to award of the Combat Infantryman Badge.  The applicant served in MOS 11H, which was an infantry MOS.  The applicant also provided a copy of orders which awarded him the Army Commendation Medal with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 17 September 1970.  Specifically, this order stated, in pertinent part, that the applicant, while disregarding his own safety, courageously exposed himself to the dangers inherent in the combat environment as he directed his efforts toward neutralized the enemy threat.   It should be noted that the applicant’s unit, the 1st Squadron, 9th Cavalry Regiment qualifies as an infantry unit for the purposes of the Combat Infantryman Badge. 

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s records show that he served 1 year, 6 months, and 8 days of continuous enlisted active duty service from 13 June 1969 to 20 December 1970. However, his DD Form 214 does not show that he was awarded the Good Conduct Medal for this period of service.  His conduct and efficiency ratings were rated as "excellent" for the entire period of this qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that at the time of the applicant’s assignment to the 1st Cavalry Division, the division was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 51, dated 1971.  It also shows that at the time of the applicant’s assignment to the 1st Squadron, 9th Cavalry Regiment, the unit was twice cited for award of the Valorous Unit Award by Department of the Army General Orders Number 32, dated 1973, and Department of the Army General Orders Number 43, dated 1972.  It was further cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.  

8.  The applicant’s records show that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tenure of assignment, the applicant was credited with participating in the Vietnam Winter-Spring 1970 campaign, the DA Sanctuary Counteroffensive campaign, and the Vietnam Counteroffensive Phase VII campaign.  

9.  The applicant’s DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  However, the applicant was awarded this badge by Headquarters, United States Army Training Center (Infantry) and Fort Polk, Fort Polk, Louisiana Special Orders Number 197, dated 14 August 1969.

10.  The applicant’s DD Form 214 also does not show that he was awarded the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar.  However, he was awarded this badge by Headquarters, United States Army Training Center (Infantry) and Fort Polk, Fort Polk, Louisiana Special Orders Number 240, dated 1 October 1969.

11.  The applicant’s DD Form 214 also does not show that he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.  However, he was also awarded this badge by Headquarters, United States Army Training Center (Infantry) and Fort Polk, Fort Polk, Louisiana Special Orders Number 240, dated 1 October 1969.

12.  Army Regulation 600-8-22 provides, in pertinent part, that 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, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 also 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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Military Awards Branch of the United States Army Human Resources 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.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart and the Combat Infantryman Badge. 

2.  While the Board does not doubt the veracity of the applicant’s claim to entitlement to the Purple Heart, there is no evidence in the applicant’s military records which shows that he sustained wounds as a result of hostile action, and that he was treated by medical personnel for those wounds, and that this treatment was made a matter of official record.  Regrettably, absent such evidence, there is insufficient basis for awarding the Purple Heart to the applicant in this case.  

3.  Evidence of record clearly shows that the applicant served in infantry duties while assigned to an infantry-type unit when it engaged in active ground combat; therefore, he is entitled to award of the Combat Infantryman Badge, and correction of his military records to show the award of the Combat Infantryman Badge.

4.  The applicant served 1 year, 6 months, and 8 days of continuous enlisted active duty service from 13 June 1969 to 20 December 1970.  His conduct and efficiency ratings were rated as "excellent" for the entire period of this qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal for the period 13 June 1969 to 20 December 1970, and correction of his military records to show the award of the Good Conduct Medal.

5.  General orders awarded the Meritorious Unit Commendation to the 1st Cavalry Division while the applicant was assigned to the division.  General orders also twice awarded the Valorous Unit Award to the 1st Squadron, 9th Cavalry Regiment, and also awarded this unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to award of the Valorous Unit Award with First Oak Leaf Cluster, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.    

6.  The applicant participated in three campaign during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already awarded Vietnam Service Medal.

7.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar and Recoilless Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar and Recoilless Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 December 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
19 December 1973.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case, and the fact that there is no time limitation on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MT ___  __JH____  ___DL __  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Combat Infantryman Badge while serving as a specialist four;

b.  awarding him the Good Conduct Medal for the period 13 June 1969 to 20 December 1970 while serving as a specialist four;

b.  awarding him the Valorous Unit Award with First Oak Leaf Cluster, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

c.  showing three bronze service stars to be affixed to his already awarded Vietnam Service Medal; and 

d.  showing the award of the Expert Marksmanship Qualification Badge with Rifle Bar and Recoilless Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

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.  




______ Marla Troup________
          CHAIRPERSON




INDEX

CASE ID
AR20060006561
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0111.0000
3.
107.0056.0000
4.
107.0033.0000 (2)
5.
107.0034.0000
6.
107.0094.0000
7.
107.0108.0000 (2)
8.
107.0110.0000
9.
110.0400.0000