RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 May 2007
	DOCKET NUMBER:  AR20060015545 


	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

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Donald L. Lewy

Member

Mr. Roland S. Venable

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, award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states, in effect, that he was wounded in his left leg at Phu Bai in the Republic of Vietnam on 4 April 1968.  He also states, in effect, that the Purple Heart medal was presented to him, but he did not receive orders or the Purple Heart Certificate.  The applicant further states, in effect, that he served in a combat unit for more than 30 days during the TET offensive, until on or about 11 April 1968, and should have been awarded the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 28 April 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 April 1969, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 24 October 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's military service records show that he enlisted in the Regular Army (RA) for a period of 3 years on 5 March 1965.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The applicant was honorably discharged on 28 April 1966 for the purpose of his immediate reenlistment.  On 29 April 1966, the applicant reenlisted in the RA for a period of 3 years.

4.  The applicant's military service records show that he was assigned to the
1st Logistics Command Security Platoon in Vietnam, from 5 June 1966 through 26 November 1966, with principal duty as a security guard (Duty MOS 11B).  On
27 November 1966, he was reassigned to Headquarters and Headquarters Company, U.S. Army Support Command, Saigon (Vietnam), performing principal duty as a security guard (Duty MOS 11B) until 8 April 1967, when he was returned to the United States.  The applicant's military service records also show that, upon his return to Vietnam, he was assigned to Company C, 1st Battalion (Airborne), 505th Infantry, 3rd Brigade, 82nd Airborne Division, from 14 February 1968 through 21 May 1968, with principal duty as an automatic rifleman (Duty MOS 11B).

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 31 May 1966 through 9 April 1967 and from 14 February 1968 through 22 May 1968.  Item
39 (Campaigns) of this document shows that he participated in the Vietnam Counteroffensive campaign.

6.  The applicant's DD Form 214, with an effective date of 28 April 1969, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and the Parachutist Badge.  This document also shows that the applicant was honorably REFRAD on 28 April 1969 after completing 4 years, 1 month, and
24 days active service.

7.  There are no orders in the applicant’s military service records which show that he was awarded the Purple Heart.  His DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations). However, the applicant's military service records contain a copy of Headquarters, U.S. Army Vietnam, message, date-time group 051948Z April 1968.  This document shows, in pertinent part, that the applicant was wounded in the left leg while on a combat operation when he engaged a hostile force on 4 April 1968, in the vicinity of Thua Thien in the Republic of Vietnam, and that he was treated at the 22nd Surgical Hospital in Vietnam.  In addition, the applicant's name is listed on The Adjutant General Office, Casualty Division's Vietnam Casualty Roster, showing that he was wounded on 4 April 1968 as a result of hostile action.

8.  There are no orders in the applicant’s military service records which show that he was awarded the Combat Infantryman Badge and his DA Form 20 does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations).  However, the applicant's military service records contain a copy of Headquarters,
3rd Brigade, 82nd Airborne Division (Vietnam), Special Orders Number 24, dated 1 April 1968, which show that he was awarded proficiency pay for his superior performance in MOS 11B2P during the period 1 April 1968 to 1 April 1969.
9.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

10.  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.

11.  The applicant's records contain a copy of Headquarters, 4th Training Brigade (Basic Combat Training), U.S. Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 70, dated 20 April 1965, that show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 4 campaigns:  Vietnam Counteroffensive, Vietnam Counteroffensive Phase II, TET Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.

13.  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 Headquarters and Headquarters Company, U.S. Army Support Command, Saigon (Vietnam), the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 17 (1968).

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to Company C, 1st Battalion (Airborne), 505th Infantry Regiment (Vietnam), the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).  This document also shows that, at the time of the applicant's assignment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

15.  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.
16.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the Combat Infantryman Badge.  That paragraph states, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

17.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers 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.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.  In addition, in similar cases regarding enlisted Soldiers, the Military Awards Branch, U.S. Army Human Resources Command, has advised that during the Vietnam-era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
20.  Army Regulation 600-8-22 provides, in pertinent part, for 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 campaign or service medal, which includes the Vietnam Service Medal.

21.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least
6 continuous months in support of military operations.

22.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least
30 consecutive days of the period cited.

23.  Army Regulation 600-8-200 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government as a unit award for meritorious service.

24.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

25.  Army Regulation 600-8-22, in pertinent part, sets forth the requirements for award of basic marksmanship qualification badges to U.S. military and civilian personnel.  The basic marksmanship qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate component bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

26.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For Vietnam service, 1 Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Purple Heart because he was wounded in his left leg as a result of hostile action in the Republic of Vietnam on 4 April 1968.  He also contends, in effect, that he is entitled to award of the Combat Infantryman Badge because he served in a combat unit for more than 30 days during the TET counteroffensive.

2.  The evidence of record shows that the applicant was wounded in action as a result of hostile action in the Republic of Vietnam on 4 April 1968, that the wound required medical treatment, and the medical treatment was made a matter of official record.  Therefore, the applicant is entitled to correction of his records to show award of the Purple Heart.

3.  There are no orders or evidence of record that shows the applicant was awarded the Combat Infantryman Badge.  However, the evidence of record shows that the applicant was recognized for his superior performance in MOS 11B during the period 1 April 1968 through 1 April 1969.  The evidence of record also shows that while serving in Vietnam during the period under review, the applicant was an infantryman performing infantry duties, assigned to an infantry company during such time as the unit was engaged in active ground combat, and that he actively participated in such ground combat.  The evidence of record further shows that while on a combat operation, on 4 April 1968, the applicant engaged a hostile force and was wounded in action.  In view of the foregoing, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, the applicant is entitled to correction of his records to show award of the Combat Infantryman Badge.

4.  The evidence of record shows that the applicant is entitled to the first award of the Good Conduct Medal for the period 5 March 1965 through 4 March 1968 based on completion of a 3-year period of qualifying active military service.  Therefore, he is entitled to correction of his records to show this award.

5.  Records show that the applicant served in 4 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 4 bronze service stars to be affixed to his Vietnam Service Medal.
6.  General Orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

9.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge.

10.  Records show that the applicant served a total of 15 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of 2 Overseas Service Bars.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 April 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
27 April 1972.  Although the request was not submitted within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact that there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

___WFC_  ___DLL__  ___RSV_  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 the applicant the Purple Heart for wounds received in action on 4 April 1968 in the Republic of Vietnam;

	b.  awarding the applicant the Combat Infantryman Badge for satisfactory performance of infantry duties in active ground combat on 4 April 1968;

	c.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 5 March 1965 through 4 March 1968;

	d.  correcting his DD Form 214 to delete the Vietnam Service Medal; and

	e.  correcting his DD Form 214 to add the Purple Heart, Combat Infantryman Badge, Good Conduct Medal, Vietnam Service Medal with
4 bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.




_____William F. Crain_____
          CHAIRPERSON




INDEX

CASE ID
AR20060015545
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/31
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19690428
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Expiration Term of Service
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015.0000
2.
107.0111.0000
3.
107.0056.0000
4.

5.

6.