RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070012166 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. David K. Haasenritter 

Chairperson

Mr. James R. Hastie

Member

Mr. Edward E. Montgomery

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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards and decorations to which he is entitled.

2.  The applicant states, in effect, that he was wounded in Vietnam, had an infantry MOS (military occupational specialty) of "11B20," and participated in combat with NVA/VC (North Vietnamese Army/Viet Cong).  His DD Form 214 does not show the "CIB" (Combat Infantryman Badge), the Vietnam Service Medal, or the Republic of Vietnam Campaign Medal with "1960 Device."  

3.  He states that he was required to qualify with weapons during basic training and AIT (Advanced Individual Training) and no qualifying badges are shown on his DD Form 214.  He states that he may be entitled to other medals and awards as well; however, he is not certain.  He states that the only medal shown on his DD Form 214 is the National Defense Service Medal.  

3.  The applicant provides a copy of his DD Form 214 in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was inducted into the Army of the United States on 27 September 1965.  He was trained as a light weapons infantryman, in MOS, 11B.  He was promoted to pay grade E-3 on an unknown dated.  He served in Vietnam from 17 January 1966 to 12 May 1966.



3.  The applicant's records contain a copy of a Western Union telegram which indicates that he was seriously burned in Vietnam on 11 May 1966 as the result of hostile action.  He sustained severe burns of neck, face, and entire body with possible loss of eyesight.  He was attempting to disarm a hostile booby trap when it detonated.  He was transferred from Vietnam to the Philippines on 12 May 1966.  He was evacuated to the United States on 13 May 1966. 
Additional source documents show that he was assigned to Company I, 1st Battalion, 14th Infantry Brigade, 25th Infantry Division, on the date he was seriously burned and was serving in duty MOS (DMOS) 11B10.

4.  On 10 October 1966, the applicant was given a physical examination for the purpose of an MEB (Medical Evaluation Board).  He was assigned a physical profile of 441141.  He was diagnosed as having burns, second and third degree of face, head, neck, chest, and upper extremity, bilateral; absence of left thumb a prox (proximal) metacarpal joint; absence of left index finger a the PIP (Proximal Interphalangeal) joint; absence of left eye; and light perception only in right eye.

5.  On 10 October 1966, the applicant's case was considered by an MEB.  The applicant was not present during the proceedings and did not present any views in his own behalf.  The MEB diagnosed the applicant as having "burns, second and third degree involving face, head neck, chest and upper extremity, bilateral.”  The MEB listed several additional diagnoses.  His ailments were ruled to have been incurred in the line of duty (LOD), while he was entitled to base pay, none existed prior to service (EPTS), and were not service aggravated.  He was found medically unfit for further military service in accordance with current medical fitness standards. He indicated that he did not desire to continue on active duty.  The findings and recommendations were approved on 7 November 1966.  The MEB recommended that the applicant be referred to a PEB (Physical Evaluation Board).

6.  On 15 November 1966, the applicant appeared before an informal PEB.  He was found unfit for military service.  The PEB made a finding that his disability was incurred while he was entitled to base pay, was incurred in the LOD, was not due to own misconduct.  The PEB recommend a combined rating of 100 percent and that he be permanently retired.  

7.  The applicant was honorably separated from active duty on 14 December 1966, for disability, permanent, in the pay grade of E-3.  He was placed on the Permanent Retired List effective 15 December 1966, by reason of physical disability.  He had completed 1 year, 2 months, and 18 days of creditable service.


8.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal.  His DD Form 214 does not show any additional awards.

9.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is also not shown as an authorized award in item 41 (Awards and Decorations). 

10.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

11.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 (Enlisted Qualification Record), showing he was awarded the Combat Infantryman Badge.

12.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge.  

13.  Item 38 (Record of Assignments), of his DA Form 20, shows he was assigned to HHC (Headquarters and Headquarters Company), 1st Battalion, 14th Infantry Regiment, prior to departing to Vietnam.  

14. Item 12 (Last Duty Assignment and Major Command), of his DD Form 214, shows his last unit of assignment as "HHC, 1st Battalion, 14th Infantry Regiment."

15.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

16.  The applicant's records contain a copy of 2nd Training Brigade, USATC (United States Army Training Center) Special Orders Number 164, dated 27 November 1965, which awarded the applicant the Expert Marksmanship Qualification Badge, with Rifle Bar. 

17.  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. 

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel 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 Total Army Personnel Command [now the 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

19.  Army Regulation 600-8-22 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.

20.  Army Regulation 600-8-22 (Military Awards) 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 in Vietnam.

21.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

22.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 48, dated 1971, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was seriously burned in Vietnam on 11 May 1966, as a result of hostile action.  He appeared before an MEB and PEB and was found medically unfit for further military service in accordance with current medical fitness standards.  The PEB recommended a combined rating of 100 percent and his placement on the Retired List.  This evidence shows that his injury was incurred as a result of enemy action.  Therefore, this evidence is sufficient to approve award of the Purple Heart and correct his records to show this award. 

2.  The evidence shows that the applicant held an infantry MOS and served in MOS 11B, with HHC, 1st Battalion, 14th Infantry Regiment, 25th Infantry Division,  while serving in Vietnam and on the date he was seriously burned as a result of hostile action.  He is therefore entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

3.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 27 September 1965 to 14 December 1966.

4.  The evidence of record shows that the applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar.  This evidence is sufficient as a basis for correction of his records to show the already-awarded Expert Marksmanship Qualification Badge, with Rifle Bar.

5.  The evidence shows that the applicant served in Vietnam from 17 January 1966 to 11 May 1966 (the date of his wound) and met the criteria for award of the Vietnam Service Medal.  However, this award was not shown on his DD Form 214.  He participated in one campaign.  He is therefore entitled to award of the Vietnam Service Medal, with one bronze service star, and to have this award shown on his DD Form 214.

6.  The evidence shows that the applicant served in Vietnam during the period 17 January 1966 to 12 May 1966 and completed 3 months and 24 days of qualifying service and was evacuated prior to completing six months of service for an injury he received as a result of hostile action for award of the Republic of Vietnam Campaign Medal, with "1960" Device.  Therefore, he is entitled to correction of his records to show this award.


7.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is therefore entitled to correction of his records to show this unit award.

BOARD VOTE:

__JH____  __DH___  __Em___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
awarding the applicant the Purple Heart; the Combat Infantryman Badge; the  Good Conduct Medal, for the period 27 September 1965 to 14 December 1966; the Vietnam Service Medal, with one bronze service star; the Republic of Vietnam Campaign Medal, with "1960" Device; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and to show the already-awarded Expert Marksmanship Qualification Badge, with Rifle Bar, and adding these awards to his DD Form 214.




_____David K. Haasenritter _____
          CHAIRPERSON




INDEX

CASE ID
AR20070012166
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080125
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19661214
DISCHARGE AUTHORITY
AR PDRL
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.