RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060012870 


	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.



	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: 

	a.  award of the Purple Heart and Combat Infantryman Badge; and

	b.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM), the Air Medal with "V" Device (17th Oak Leaf Cluster), and his bronze service stars to affix to his Vietnam Service Medal.

2.  The applicant states, in effect, that his DD Form 214 needs correcting to show all the awards he earned for his 15 months of service in the Republic of Vietnam while he was attached to the 48th Aviation Company, and assigned to the 101st Airborne Division.  He contends he was awarded the Purple Heart in June of 1966 and the CIB for service from December 1965 through August 1966. 

3.  The applicant provides a copy of his BSM and Air Medal with "V" Device 
(17th Oak Leaf Cluster) orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 20 March 1967, the date of his release from active duty.  The application submitted in this case is dated 29 August 2006 and received on
12 September 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.  On 16 June 1965, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

4.  The applicant served in the Republic of Vietnam from 18 December 1965 through 20 March 1967.  He was assigned to the 48th Aviation Company and performed duties as a gunner.

5.  On 20 March 1967, the applicant was honorably released from active duty upon completion of his term of service and transferred to the United States Army Reserve to complete his military service obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not include the Purple Heart or CIB in the list of awards earned by the applicant during his active duty tenure.  The applicant authenticated his DD Form 214 with his signature.  His DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart or CIB.  

7.  There are no general orders in the applicant’s records to show he was awarded the Purple Heart or CIB.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  

8.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  General Orders Number 1503, Headquarters (HQ), 1st Aviation Brigade, APO San Francisco, dated 27 April 1967, awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force during the period December 1965 to March 1967.

10.  General Orders Number 4755, HQ, 1st Aviation Brigade, dated 5 October 1967, awarded the applicant the Air Medal with "V" Device (17th Oak Leaf Cluster).

11.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.


12.  Paragraph 8-6 of Army Regulation 600-8-22 provides for award of the CIB.  This paragraph states that there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Commanders were not allowed to make any exceptions to this policy.

13.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS 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.

14.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 22, 1968.

16.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows a unit to which the applicant was assigned (48th Aviation Company) was cited for award of the Valorous Unit Award for the period 1-20 June 1966, by Department of the Army General Orders Number 21, dated 1978.

17.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows a unit to which the applicant was assigned (48th Aviation Company) was cited for award of the Meritorious Unit Commendation on two occasions for the periods December 1965-September 1966 and 5 September 1966-3 March 1967, by Department of the Army General Orders Number 17, dated 1968.

18.  The applicant's records show he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in the Vietnam Defensive, the Vietnam Counteroffensive, and the Vietnam Counteroffensive Phase II campaigns.   

19.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

20.  The applicant's records do not show award of the Good Conduct Medal.  His records show that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Good Conduct Medal.

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

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds.

2.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  There are no general orders that show the applicant was awarded the CIB.


4.  The applicant's claim of entitlement to the CIB was carefully considered.  However, by regulation, in order to qualify for the CIB, in addition to holding a qualifying MOS, the applicant must show he was assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must show actively participated in such ground combat.  There is no evidence the applicant served in an infantry unit.  Therefore, there is an insufficient evidentiary basis to support award of the CIB in this case.

5.  General Orders awarded the applicant the BSM which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this award.

6.  General Orders awarded the applicant the Air Medal with "V" Device (17th Oak Leaf Cluster) which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross With Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

8.  General Orders awarded the applicant's unit the Valorous Unit Award which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this unit award.

9.  General Orders awarded the applicant's unit the Meritorious Unit Commendation (2nd Oak Leaf Cluster.)  Therefore, he is entitled to have records corrected to show these awards.

10.  Evidence of record shows that the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed on his Vietnam Service Medal. 

11.  The applicant completed a qualifying period of service for the first award of the Good Conduct Medal ending with termination of Federal military service.  There is no evidence in the available records which shows the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal for the period 16 June 1965 through 20 March 1967 and correction of his records to show award of the Good Conduct Medal (First Award).


12.   Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 March 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
19 March 1970.  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 time limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__cg____  __mjf___  __eem___  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.  showing award of the Bronze Star Medal;

	b.  deleting "Air Medal – 16 Oak Leaf Clusters;"

	c.  adding Air Medal with "V" Device (17th Oak Leaf Cluster); 

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

	e.  awarding the Valorous Unit Award for the period 1-20 June 1966;

	f.  awarding the Meritorious Unit Commendation (2nd Oak Leaf Cluster);

	f.  awarding the Good Conduct Medal (First Award) for the period 16 June 1965 through 20 March 1967, and

	g.  awarding three bronze service stars for wear on 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 award of the Purple Heart and CIB.



						Curtis Greenway
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060012870
SUFFIX

RECON

DATE BOARDED
20070412
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0014
2.
107.0018
3.
107.0094
4.
107.0033
5.
107.0034
6.
107.0056