RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012348 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Jeffrey Redmann

Member

Mr. Scott Faught

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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and the Purple Heart.

2.  The applicant states that he was in the infantry and that he received a gunshot wound in May 1967. 

3.  The applicant provides no additional evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
26 July 1968.  The application submitted in this case is dated 19 August 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 was inducted on 28 July 1966.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 18 December 1966.  He served in MOS 11B assigned to Company D, 4th Battalion, 31st Infantry of the 196th Light Infantry Brigade in Vietnam from 26 December 1966 through 18 July 1967.  On 26 July 1968, the applicant was released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 29 days of creditable active service with no time lost.  

4.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

5.  There are no orders for the Purple Heart in the available records.  However, item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows that he sustained a gunshot wound to his right foot on 17 May 1967.  The Vietnam Casualty Roster also shows that he was wounded in action on 17 May 1967.
6.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

9.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) 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 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.

11.  Army Regulation 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.

12.  Army Regulation 672-5-1, in effect at the time, 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  He also was wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  The entry on the Vietnam Casualty Roster which shows the applicant was wounded as a result of hostile action on 17 May 1967 is accepted as sufficient evidence on which to base award of the Purple Heart in this case. Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show award of the Purple Heart.

3.  The applicant was released from active duty in the temporary rank of specialist four with almost 2 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 28 July 1966 through 26 July 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

4.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

6.  Records show the applicant should have discovered the alleged errors now under consideration on 26 July 1968; therefore, the time for the applicant to file a request for correction of any error expired on 26 July 1971.  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 fact there is no statute of limitations on requests for award of the Purple Heart.  

BOARD VOTE:

LS_____  ___JR___  __SF____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 him the Purple Heart for wounds received in action on 
17 May 1967 in Vietnam; 

	b.  awarding him the Combat Infantryman Badge; 

	c.  awarding him the first award of the Good Conduct Medal for the period 28 July 1966 through 26 July 1968; and 

	d.  amending his DD Form 214 to add the Purple Heart, the Combat Infantryman Badge, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal.



__Linda Simmons_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012348
SUFFIX

RECON

DATE BOARDED
20070405
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.
107.0015
3.
107.0000
4.

5.

6.