RECORD OF PROCEEDINGS


	IN THE CASE OF:  


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20070002765 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk

Member

Mr. John G. Heck

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Silver Star, Purple Heart, and the Combat Infantryman Badge.

2.  The applicant states, in effect, these awards were not shown on his DD Form 214 even though they were presented to him for his action in the Republic of Vietnam in November 1965.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 26 October 1966, the date of his release from active duty.  The application submitted in this case is dated 13 February 2007.

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 requests correction of his records to show award of the Silver Star.  There are no orders or other evidence authorizing award of the Silver Star to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Silver Star 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, it will not be discussed further in this Record of Proceedings. 

4.  On 19 November 1963, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 11B1P (Light Weapons Infantryman, Airborne).            


5.  On 4 November 1965, the applicant was assigned for duty as a light weapons instructor with Company A, Support Battalion, 1st Brigade, 101st Airborne Division, in the Republic of Vietnam.  

6.  On 8 August 1966, the applicant was reassigned for duty as a light weapons instructor with Detachment 1, Administrative Section, 1st Brigade, 101st Airborne Division, in the Republic of Vietnam.

7.  He was returned to the United States on 25 October 1966.

8.  On 26 October 1966, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E5 and had completed 2 years, 
11 months, and 8 days of creditable active duty.

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart or the Combat Infantryman Badge. 

10.  There is no evidence of record to show that that applicant received any wounds as a result of enemy action, or that he was awarded the Purple Heart for receiving any such wounds.  His medical records are not available for review.  His name does not appear on the Vietnam Casualty Roster.

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 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 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 Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel 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.
13.  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 specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “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 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 records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

16.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

17.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Defense, the Vietnam Counteroffensive, and the Vietnam Counteroffensive, Phase II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  



18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the Support Battalion, 1st Brigade, 101st Airborne Division, during the time of the applicant's assignment, was cited in general orders for award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  There is no evidence of record and the applicant has not provided any evidence to show that he received any wounds as a result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  There is no evidence of record and the applicant has not provided any evidence to show that he served in actual ground combat while assigned to an infantry unit of brigade, regimental or smaller size.  Therefore, his request for award of the Combat Infantryman Badge should not be granted.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation, the Meritorious Unit Commendation, and the Valorous Unit Award.  Therefore, his records should be corrected to show these unit awards.

5.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

6.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 October 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
25 October 1969.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JGH __  __LDS __  __JLP        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.  awarding him the Army Good Conduct Medal for the period from 
19 November 1963 to 26 October 1966; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Presidential Unit Citation, Meritorious Unit Commendation, Valorous Unit Award, Army Good Conduct Medal, three bronze service stars to be affixed to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 Combat Infantryman Badge.  





___ Linda D. Simmons _
          CHAIRPERSON



INDEX

CASE ID
AR20070002765
SUFFIX

RECON
 
DATE BOARDED
20070726 
TYPE OF DISCHARGE

DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.