RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060006594 


	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 his military records be corrected to show that he was awarded the Purple Heart, the Air Medal, the Good Conduct Medal, the Combat Infantryman Badge, and any other medals or badges that he is entitled to.

2.  The applicant essentially states that he broke his ankle on or about August 1967 in a firefight in Vietnam.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
19 May 1969, the date of his release from active duty.  The application submitted in this case is dated 27 April 2006.

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 limitations 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 requested, in pertinent part, correction of his records to show award of the Air Medal.  There are no orders or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Air Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, the Air Medal will not be discussed further in this Record of Proceedings.

4.  The applicant’s records show that he enlisted in the United States Army on 
20 May 1966.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).  After completing the Basic Airborne Course at Fort Benning, Georgia, he was assigned to Fort Bragg, North Carolina in November 1966.  On 30 June 1967, he departed for the Republic of Vietnam, where he served with Company B, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division.  On 13 August 1967, he fractured his right ankle when he jumped from a helicopter hovering about 10 feet off the ground.  He was then medically evacuated to the 249th General Hospital in Japan, and then was moved to the Medical Holding Detachment, Kimbrough Army Hospital at Fort Meade, Maryland.  On 31 October 1967, he was reassigned to Fort Dix, New Jersey, where he served as a Company Clerk in MOS 71H (Personnel Specialist) and in MOS 71L (Administrative Specialist) until he was honorably released from active duty on 19 May 1969.  The DD Form 214 that he was issued shows that he was awarded the National Defense Service Medal and the Vietnam Service Medal.  It also has an incomplete marksmanship qualification badge entry for an M-14 Rifle.

5.  The applicant stated that he broke his ankle on or about August 1967 in a firefight, 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 his ankle fracture, which he sustained jumping from a helicopter hovering approximately 10 feet above the ground, was caused by enemy action.  Additionally, the applicant’s name is not listed on the Vietnam Casualty Roster.  It should be noted that his ankle injury was determined to be in the line of duty.

6.  The applicant also stated, in effect, that he should be awarded the Good Conduct Medal.  The applicant’s military records do not show that he was awarded the Good Conduct Medal for his 3-year enlistment from 20 May 1966 to 19 May 1969.  However, his conduct and efficiency ratings were all “excellent” or “unknown” throughout his enlistment, and there is no derogatory information that would be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.

7.  The applicant also stated, in effect, that he is entitled to award of the Combat Infantryman Badge.  Item 35 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that he served as a Rifleman in MOS 11B (Infantryman) with Company B, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division from 7 July 1967 to 13 August 1967.  However, Item 41 of this same form does not show that he was awarded the Combat Infantryman Badge.  There are no orders in his military records which awarded him the Combat Infantryman Badge, and there is no evidence in his military records that he served in active ground combat while assigned to this unit.

8.  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.

9.  The applicant’s DD Form 214 does not show that he was awarded the basic Parachutist Badge.  However, the applicant completed the Basic Airborne Course at Fort Benning, Georgia.  Although there are no orders in his military records, Item 41 of his DA Form 20 shows, in pertinent part, that he was awarded the basic Parachutist Badge by Headquarters, The Student Brigade, United States Army Infantry School, Fort Benning, Georgia Special Orders Number 250, dated 26 October 1966.  It was noted that the applicant waived his airborne status on 27 October 1967 due to the fact that he had a permanent profile on his lower extremities after his ankle was broken, and considered himself to be no longer physically qualified to perform airborne duties.  

10.  The applicant’s DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar.  However, he was awarded this badge by Headquarters, 3rd Training Brigade (Infantry), United States Army Training Center, Fort Gordon, Georgia Special Orders Number 161, dated 4 October 1966.

11.  The applicant’s DD Form 214 also does not show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, he was awarded this badge by Headquarters, 2nd Training Brigade, Fort Jackson, South Carolina Special Orders Number 122, dated 9 July 1966.

12.  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 2nd Battalion, 502nd Infantry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

13.  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 Counteroffensive Phase III campaign.  

14.  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.  It also states, in pertinent part, that an example of an injury or wound which clearly does not qualify for award of the Purple Heart is a jump injury not caused by enemy action. 

15.  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.

16.  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.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  

17.  Paragraph 8-11 of Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that to be eligible for award of the basic Parachutist Badge, an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School.  Paragraph 1-30 states, in pertinent part, that any parachutist badge may be revoked when the awardee initiates action while results in termination of airborne status; however, any parachutist badge will be retained if the Soldier is unable to complete 36 cumulative months of airborne duty through no fault of his or her own, for example, injury or reassignment under favorable conditions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he was awarded the Purple Heart, the Air Medal, the Good Conduct Medal, the Combat Infantryman Badge, and any other medals or badges that he is entitled to.

2.  Although the applicant broke his ankle in Vietnam while jumping from a helicopter hovering approximately 10 feet above the ground, there is no evidence that his jump injury was caused by enemy action.  Although the applicant’s medical records clearly document this injury, there were no entries that stated that he was entitled to award of the Purple Heart for this injury.  His name is also not listed on the Vietnam Casualty Roster.  In view of the foregoing, there is insufficient basis for awarding the Purple Heart to the applicant in this case.

3.  The applicant successfully completed his 3-year enlistment from 20 May 1966 to 19 May 1969.  His conduct and efficiency ratings were all “excellent” or “unknown” throughout his enlistment, and there is no derogatory information that 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 20 May 1966 o 19 May 1969, and correction of his military records to show the award of the Good Conduct Medal.

4.  Although the applicant possessed and served in an infantry MOS in an infantry unit of brigade, regimental or smaller size during his tour in Vietnam, there is no evidence that he served in active combat.  Therefore, there is insufficient basis for awarding the Combat Infantryman Badge in this case.

5.  Although the applicant’s DD Form 214 does not show that he was awarded the basic Parachutist Badge, his DA Form 20 indicated that special orders awarded him this badge.  It was noted that the applicant waived his airborne status on prior to completing 30 cumulative months of airborne duty due to the fact that he had a permanent profile on his lower extremities after his ankle was broken, and considered himself to be no longer physically qualified to perform airborne duties.  However, Army Regulation 600-8-22 states that any parachutist badge will be retained if the Soldier is unable to complete 36 cumulative months of airborne duty through no fault of his or her own, for example, injury or reassignment under favorable conditions.  Therefore, he is entitled to correction of his military records to show the award of the basic Parachutist Badge.
6.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

7.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 2nd Battalion, 502nd Infantry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show this unit award.

8.  The applicant participated in one campaign during his tour in Vietnam.  Therefore, he is entitled to correction of his military records to show one bronze service star to be affixed to his already awarded Vietnam Service Medal.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 May 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
18 May 1972.  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 Good Conduct Medal for the period 20 May 1966 to 19 May 1969 while serving as a specialist five;

	b.  showing the award of the basic Parachutist Badge; 

	c.  showing the award of the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

	d.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

e.  showing one bronze service star to be affixed to his already awarded Vietnam Service Medal.

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 applicant the Purple Heart and the Combat Infantryman Badge.  




______ Marla Troup_________
          CHAIRPERSON




INDEX

CASE ID
AR20060006594
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.
107.0094.0000
5.
107.0108.0000
6.
107.0109.0000
7.
107.0120.0000
8.
107.0073.0000 (add bronze service star)
9.
110.0400.0000